Ujjwal Tanti vs. The State Of West Bengal

ITEM NO.27 COURT NO.2 SECTION XVI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petitions for Special Leave to Appeal (C) No(s). 18894-18918/2023

(Arising out of impugned final judgment and order dated 27-07-2023 in WPA No. 13085/2023 27-07-2023 in WPA No. 12016/2023 27-07-2023 in WPA No. 11337/2023 27-07-2023 in WPA No. 11751/2023 27-07-2023 in WPA No. 11981/2023 27-07-2023 in WPA No. 11195/2023 27-07-2023 in WPA No. 11642/2023 27-07-2023 in WPA No. 11202/2023 27-07-2023 in WPA No. 11714/2023 27-07-2023 in WPA No. 11638/2023 27-07-2023 in WPA No. 11586/2023 27-07-2023 in WPA No. 10887/2023 27-07-2023 in WPA No. 11293/2023 27-07-2023 in WPA No. 12193/2023 27-07-2023 in WPA No. 11212/2023 27-07-2023 in WPA No. 11527/2023 27-07-2023 in WPA No. 10505/2023 27-07-2023 in WPA No. 11215/2023 27-07-2023 in WPA No. 11189/2023 27-07-2023 in WPA No. 11522/2023 27-07-2023 in WPA No. 10396/2023 27-07-2023 in WPA No. 11183/2023 27-07-2023 in WPA No. 11221/2023 27-07-2023 in WPA No. 10810/2023 27-07-2023 in WPA No. 11383/2023 passed by the High Court At Calcutta)

SECONDARY TEACHERS AND EMPLOYEES ASSOCIATION (STEA) & ANR. ETC. Petitioner(s)

VERSUS

THE STATE OF WEST BENGAL & ORS. ETC. Respondent(s)

( IA No.172346/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA NO. 176479/2023-APPROPRIATE ORDERS/DIRECTIONS, IA NO. 178254/2023-IMPLEADMENT)

Date : 06-09-2023 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Application for exemption from filing C/C of the impugned judgment is allowed.

Learned senior counsel for the petitioners contends that Section 10C of the West Bengal School Service Commission Act, 1997 was introduced on 17.04.2017 and in terms of the impugned judgment , it is sought to be made retrospectively applicable to the existing teachers as exigency of Administration. It is his submission that these terms and conditions of service cannot be changed prejudicially.

We put to the learned senior counsel that on account of paucity of students, it may require shifting of teachers in neighboring schools in the same District considering the student-teacher ratio but learned senior counsel submits that there is no such Scheme and they can be shifted to any other School within the State.

Issue notice on the special leave petitions and on the prayer for interim relief to respondent Nos. 1 to 4 only, at the request of the learned senior counsel, returnable on 09.10.2023.

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