Court Orders Release of Salary and Continuous Service Benefits for Unsuccessful Candidate in West Bengal School Service Commission Case
In a significant development, the Calcutta High Court, Circuit Bench at Jalpaiguri, has issued a decisive order in favor of Smt. Rajita Datta, a petitioner who was caught in a controversial recruitment process initiated by the West Bengal School Service Commission (SSC) in 2016. The court has directed the concerned authorities to process the petitioner's case, ensuring approval of her service and release of her salary within six weeks, treating her initial date of appointment as March 1, 2019.
The judgment, delivered by Justice Raja Basu Chowdhury, comes in the wake of a series of legal challenges concerning the validity of the 2016 SSC selection process. The Supreme Court had previously intervened, allowing untainted candidates to reapply to their previous departments without a break in service or loss of entitlements, albeit without wages for the disputed employment period.
Rajita Datta, deemed an untainted candidate, was recommended for appointment by the West Bengal Board of Secondary Education following the Supreme Court's directive. Despite her appointment, procedural delays left her without salary, prompting her to seek judicial intervention.
The High Court underscored the necessity of extending service benefits from the date of undisputed appointment, March 1, 2019, aligning with the Supreme Court's directives. The court emphasized the importance of collaborative efforts among the SSC, District Inspector of Schools, and the West Bengal Board to expedite the process.
The decision is expected to provide relief to other similarly placed candidates and reinforce adherence to judicial directives in administrative processes.
Bottom Line:
Service Law - Unsuccessful candidates challenging the validity of the selection process - Hon'ble Supreme Court's judgment providing relief to untainted candidates, allowing them to continue service without break in seniority or entitlements, subject to conditions.
Statutory provision(s): West Bengal School Service Commission Act, 1997
