- (1.) Heard Mr. Lakshmi Kanta Pal, learned Counsel for the Appellants and Mr. Swapan Kumar Majumder for the Nadia District Primary School Council (Respondent Nos. 2 and 3). This Appeal is directed against the Judgment and Order dated 10th March, 2011 passed by a learned Single Judge in W.P. 12309 (W) of 2001 (Sri Narayan Bhusan Deb & Ors. v. State of West Bengal & Ors.) whereby and whereunder the said learned Judge dismissed the Writ Petition.
(2.) The said Writ Petition is a part of this Paper Book. It appears that the same was filed with a prayer for issuance of a Writ of Mandamus commanding upon the Respondents to take necessary action with regard to fixation of the notional service benefits, namely, the benefits of provident fund, gratuity, pension, leave salary, seniority and other service benefits with effect from March, 1991 in terms of the Judgment and Order dated 13th March, 1991. This was the principal prayer made in the Writ Petition.
(3.) From the Impugned Judgment, the facts, which are being elicited, are that these Writ Petitioners/Appellants were working as Primary Teachers in different schools recognized by the authorities empowered to do so. They had been appointed on various dates in the year 1999 after prolonged litigations over their appointment. According to the Appellants, their right to make the prayers before the Writ Court was on the basis of a Judgment and Order delivered by another learned Single Judge of this Court on 13th March, 1991 in Civil Order No. 11154 (W) of 1989. By the said Order dated 13th March, 1991, the said learned Single Judge disposed of the Writ Petition observing that the State-Respondents and the Council should have allowed the Petitioners of that case the same benefits as were made applicable to those Petitioners.;