Sukanta Hari v. The State Of West Bengal And ORS.

9.

16-07-2025 (Ct. no.18) debajyoti

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction APPELLATE SIDE WPA 13289 of 2025 Sukanta Hari Vs.

The State of West Bengal & Ors.

Ms. Ambiya Khatun ... For the Petitioner.

Mr. Md. Manwar Ali, Mr. Rajsekhar Basu ... For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey ... For the WBCSSC.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta ... For the WBBSE.

1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

This order is passed in presence of learned advocates representing the petitioner, State respondents and West Bengal Central School Service Commission.

3.

Petitioner though participated in 12th RLST, but contemporaneously could not be appointed in the post of Assistant Teacher and after a long period of time petitioner was appointed on and from 28-01-2025.

4.

In reference to order dated 23rd July, 2024 issued by the Principal Secretary, School Education Department, Government of West Bengal, it has been submitted on behalf of the petitioner that though recommendation was made in favour of the

petitioner for appointment by the Regional School Service Commission belatedly since petitioner was subsequently found to be eligible to be appointed in the post of Assistant Teacher; if petitioner is not entitled to receive actual service benefits from November, 2013 being the date of first counseling in connection with 12th RLST, 2011, petitioner is eligible to be granted at least notional benefits from November, 2013 which should not be confined to incremental benefits only as it has been allowed by the Principal Secretary, School Education Department vide order dated 23rd July, 2024.

5.

It needs to be recorded herein that vide order dated 23rd July, 2024, Principal Secretary, School Education Department has already granted notional incremental benefits to the candidates with effect from November, 2013.

6.

In support of case made out in this writ petition, reliance is placed on the order passed by this Court dated 4th October, 2024 in the writ petition being WPA 20652 of 2023 (Sourav Naskar Vs. The State of West Bengal & Ors.).

7.

Having considered the issue involved in this writ petition, it is found that the order passed in Sourav Naskar (supra) covers the present issue. Let an order passed in Sourav Naskar (supra) be retained with the record.

8.

Hence, the concerned State respondents are directed to grant notional benefits to the petitioner from November, 2013 and fix the pay of the petitioner from the date of his appointment accordingly. For computation of other benefits including pension, date of appointment of petitioner to be reckoned as 1st November, 2013. However,

petitioner is not entitled to receive monetary benefits from 1st November, 2013 till the date of his appointment.

9.

The aforesaid exercise shall be completed by the Commissioner of School Education by eight weeks from the date of communication of this order.

10. In this regard an order is to be passed by the Commissioner of School Education, to be communicated to the petitioner by four weeks thereafter.

11. With the aforesaid direction, the writ petition stands disposed of.

12. There shall be however no order as to costs.

13. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

14. Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of necessary formalities.

(Saugata Bhattacharyya, J.)