HIGH COURT AT CALCUTTA In the Circuit Bench at Jalpaiguri Present: THE HON’BLE JUSTICE JAY SENGUPTA WPA 482 of 2025 Girinath Roy Poddar and another versus The State of West Bengal and others For the petitioners Mr. Bidhan Biswas Mr. Swarup Das For the State Ms. Bidashruti Bose For the Mission Directorate Ms. Tapati Sarkar Heard on 03.03.2025 Judgment on 03.03.2025 JAY SENGUPTA, J: The petitioners have come up with the present writ petition claiming to be treated as Samprasarak/Samprasarika in Madhyamik Shiksha Kendra instead of para teachers. It has been submitted by the learned counsel representing the petitioners that in terms of notification dated 18th December, 2019 2 passed by the School Education Department, Government of West Bengal they exercised option to function as para teachers not as Samprasarak/Samprasarika. However, the petitioners have subsequently found that for a considerable period of time scheme was not introduced and ultimately vide memorandum dated 29th August, 2024 issued by the Additional Secretary to the Government of West Bengal, Department of School Education benefit of EPF Scheme is only extended from 1st April, 2024 in the event Samprasarak/Samprasarika of Madhyamik Shiksha Kendras opted for engagement upto the age of 60 years. It is submitted by the learned counsel representing the petitioners that such scheme which has been introduced vide memorandum dated 29th August, 2024 is found to be not beneficial to them since same has been introduced with effect from 1st April, 2024 and the petitioners want to be treated as Samprasarak/Samprasarika without giving effect to the options as well as Data Capture Format (DCF) Form, which they have exercised. Learned counsel for the petitioners further contends that they had filled up the Data Capture (DCF) Form in respect of the notification dated 04.09.2024. The Paschim Banga Rajya Sishu Shiksha Mission (for short, PBRSSM) is represented. Learned counsel submits that certain orders had been passed earlier in this regard in other matters. Having considered the respective submissions made on behalf of the parties, this Court finds that there is memorandum dated 29th 3 August, 2024 issued by the Additional Secretary to the Government of West Bengal deciding to extend benefit of EPF to Samprasarak/Samprasarika with effect from 1st April, 2024 which appears to be not beneficial to the petitioners as a result whereof they are praying before this Court for a direction to be treated as Samprasarak/Samprasarika not as para teachers by not giving effect to the options as well as Data Capture Format (DCF) which they have exercised. In view of memorandum dated 29th August, 2024 whereby State authority has decided to extend the benefit of EPF to the petitioners with effect from 1st April, 2024 which is found not to be beneficial so far these petitioners are concerned since with the benefit of EPF at the fag end of their service tenure they have to retired at the age of 60 years instead of 65 years. If the petitioners are treated as Samprasarak/Samprasarika they can function upto the age of 65 years which according to them is more beneficial than to function as para teachers till the age of 60 years accepting the condition as stipulated in the memorandum dated 29th August, 2024. Since in the writ petitions which have been decided prior to issuance of memorandum dated 29th August, 2024 permitting those petitioners to be treated as Samprasarak/Samprasarika without giving credence to the options which they exercised this Court finds no impediment in extending same benefit to the present petitioners. Mere issuance of memorandum dated 29th August, 2024 should not act as fetter so far present petitioners are concerned to be treated as 4 Samprasarak/Samprasarika without giving credence to the options which they have exercised. In view of aforesaid discussions the writ petition stands allowed directing the concerned State authorities including PBRSSM authority to treat the petitioners as Samprasarak/Samprasarika and the options which they have exercised shall be treated as cancelled. It is also clarified that in future they cannot claim the benefits as para teachers. Learned counsel representing the petitioners submits that the deficit Court fees has been put in and in support of the same document is produced before this court and the same is taken on record. Accordingly, the writ petition stands disposed of. There shall be no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. ( Jay Sengupta, J. ) 80/SG 5