Pritikana Baleswar v. State Of West Bengal And ORS.

10.11.2025 Sl. No.9 Ct. No.7 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20606 of 2025 Pritikana Baleswar

Versus

The State of West Bengal & Ors.

Mr. Saktipada Jana Mr. Subhajyoti Das ...for the Petitioner.

Mr. Biswajit De Mr Ovik Sengupta ...for the State.

Mr. B. P. Vaisya Mr. Gourav Das ... for the D.P.S.C., South 24-Parganas/ respondent nos.6 & 7 1.

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

2.

By the present writ petition the petitioner seeks for approval of her service notionally with effect from 1st March, 2017.

3.

The petitioner contends that she appeared in the TET examination, 2014 conducted by the Primary Board but she was declared unsuccessful due to a wrong action on the part of the authority in giving wrong question in the said examination. The petitioner approached this Court by filing a writ petition being WPA 21126 of 2022. Pursuant to the order passed in the aforesaid writ petition six marks were awarded to the petitioner and letter of

appointment was issued on 24th November, 2022. The petitioner seeks for notional benefit from 1st March, 2017 since there was no fault on her part to join on previous date in the year 2017.

4.

Mr. Saktipada Jana, learned Advocate appearing on behalf of the petitioner submits that in similar circumstance the coordinate Benches of this Hon'ble Court in Animesh Karmakar -versus- The State of West Bengal & ors. (WPA 27622 of 2023) and in Taraknath Halder -versus- State of West Bengal (WPA 19440 of 2024) have allowed the service of the petitioners notionally from February, 2017.

5.

As the petitioner appears to be standing on the same footing as that of Animesh Karmakar and Taraknath Halder the instant writ petition being WPA 20606 of 2025 is disposed of directing that the service of the petitioner shall be notionally considered from 1st March, 2017. Actual financial benefit shall not be payable to the petitioner prior to her date of appointment.

6.

The petitioner shall also be entitled to the notional increments and the length of her service shall be calculated from 1st March, 2017.

7.

If any increment has been given to the teachers who joined on 1st March, 2017 till November, 2022, the same shall be made available to the petitioner

prospectively from the date of her joining. The salary slip and the pay scale of the petitioner shall be revised accordingly.

8.

The respondent no.3, the District Inspector of Schoolsw (PE), South 24-Parganas is directed to do the needful in this regard.

9.

Arrears, if any, from November, 2022 till date shall be paid to the petitioner within a period of eight weeks from the date of communication of this order.

10. Petitioner is directed to communicate this order to the respondent no.3, the District Inspector of Schools (PE), South 24-Parganas for necessary action.

11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12. Interim order, if any, stands vacated.

13. All connected applications, if any, stand disposed of.

14. There shall be no order as to costs.

15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)