ILA KUITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners have come up with the present writ petition claiming to be treated as Sahayak/Sahayika in Sishu Shiksha Kendra instead of para teacher.

(2.) Affidavit of service filed on behalf of the petitioners is taken on record.

(3.) It has been submitted by the learned advocate representing the petitioners that in terms of notification dtd. 18/12/2019 passed by the School Education Department, Government of West Bengal they exercised option to function as para teachers not as Sahayak/Sahayika. However, petitioners have subsequently found that for a considerable period of time scheme was not introduced and ultimately vide memorandum dtd. 29/8/2024 issued by the Additional Secretary to the Government of West Bengal, Department of School Education benefit of EPF Scheme is only extended from 1/4/2024 in the event Sahayak/Sahayika of Sishu Shiksha Kendras opted for engagement upto the age of 60 years. It is submitted by the learned advocate representing the petitioners that such scheme which has been introduced vide memorandum dtd. 29/8/2024 is found to be not beneficial to them since same has been introduced with effect from 1/4/2024 and petitioners want to be treated as Sahayak/Sahayika without giving effect to the options which they have exercised. In support of such contention reliance is placed on an order dtd. 16/3/2023 passed by a coordinate Bench on a writ petition being WPA 4525 of 2023 (Bidhan Chandra Naskar and Ors. Vs. The State of West Bengal and Ors.) Learned counsel for the petitioners further contends that they had not filled up any form in respect of the notification dtd. 4/9/2024. Reliance is placed on an order passed by a Co-ordinate Bench on 25/9/2024 in WPA 22612 of 2024.