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Calcutta High CourtWPA/21042/2025disposed

Sutrishna Das And ORS. v. State Of West Bengal And ORS.

2026-02-17Hon'Ble Justice Bivas Pattanayak5 pages

17.02.2026 Sl. No.15 (DL) Ct. No.14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21042 of 2025 Sutrishna Das & Ors.

Versus

The State of West Bengal & Ors.

Mr. S. Bhattacharya, Mr. Jaminikanta Ghosh ... for the Petitioners.

Mr. Kamal Mishra Mr. Pratap Sanfui ... for respondent no. 4 & 5.

Mr. Pradyot Kumar Das ... for the State 1.

Perused the report of the Assistant Registrar dated 16th February, 2026.

2.

It appears from the said report that deficit Court fees have been paid by the petitioners.

3.

By the present writ petition, the petitioners seek direction upon the respondent authorities to disburse the arrear salaries of the petitioners as stated in paragraph no. 9 of the writ petition who are discharging their duties as Assistant Teachers in different primary schools under District Primary School Council, Purba Medinipur which is more fully described in paragraph no. 5 of the writ petition. 4.

The petitioners joined in their respective schools on and from the dates as mentioned herein below: a) Petitioner No.1 at first joined on 20.01.2014 in Paschim Santeswarpur Primary

School, P.O. Mirgoda under Ramnagar Circle, District Purba Medinipur, thereafter transferred to "Analberia Primary School", P.O. Dhangaon under Contai West Circle, District - Purba Medinipur.

b) Petitioner No.2 at first joined on 11.02.2014 as Assistant Teacher in Baita Gobindapur Primary School, P.O. Ambadpal, under Jhargram East Circle, District - Paschim Medinipur, thereafter transfer to Gouranga Chak No.2 Primary School, Village and P.O.

Gourangachak, under Moyna West Circule, District - Purba Medinipur.

c) Petitioner No.3, at first joined on 11.02.2014 as Assistant Teacher in Ramchandrapur Primary School, P.O.

Kanimohuli under Gidhni East Circle, District Paschim Medinipur and thereafter transfer to Gojna Board Primary School, P.O. Arong Kiarana, under Moyna Circle, District -Purba Medinipur. d) Petitioner No.4, at first joined on 13.02.2014 in Gahamidanga Primary School as Assistant Teacher, P.O. Dharampur under Lalgar Circle, District Paschim Medinipur, thereafter transfer to Brindaban Chak K.C. Primary School, P.O. Brindaban Chak, District Purba Medinipur under Kolaghat Circle.

e) Petitioner No.5 first joined on 11.02.2014 in Nepura Amladangri Primary School under Rohini Circle, District Paschim Medinipur, thereafter lastly transfer to Basantia Maktab Primary School, P.O. Baikunthapur, District Purba Medinipur.

f) Petitioner No.6 first joined on 11.02.2014 in Baita Gobindapur Primary School, P.O. Amdapol, under Jhargram East Circle, District Paschim Medinipur and thereafter transferred to Ailan Primary School, under Egra North Circle, District - Purba Medinipur.

g) Petitioner No.7, first joined on 11.02.2014 in Chunghati Primary School, P.O. Narasimul, under Gopiballavpur West Circle, District Paschim Medinipur and thereafter

transferred to Asanpur Junior Basic School, under Digha Circle, District - Purba Medinipur. h) Petitioner No.8 first joined on 20.02.2014 in Dhangri Primary School as Assistant Teacher under Jhargram East Circle, District Paschim Medinipur and thereafter lastly transferred to Sarberia Maktab Primary School, under Bhagwanpur - I Circle, District - Purba Medinipur.

5.

The petitioners did not receive salary from the date of their respective joining till 31st August, 2014. Being aggrieved by such action of the respondent authorities, the petitioners have preferred the present writ petition.

6.

Mr. Jaminikanta Ghosh, learned Advocate appearing for the petitioners submits that in similar circumstances this Court in Sri Tarak Nath Chakraborty versus The State of West Bengal & Ors. (In Re: WPA No.20548 of 2019) has allowed the prayer of the petitioner in the said writ petition and directed the respondent authorities to disburse the arrear salary together with interest. The present petitioners stand on the same footing. He seeks that similar benefit be extended to the petitioners.

7.

Mr. Kamal Krishna, learned Advocate appearing for the District Primary School Councils, Purba Medinipur submits that the petitioners are similarly circumstanced as of the petitioner in WPA 20548 of 2019 and the Council intends to extend the same benefit to the present petitioners.

8.

Mr. Pradyot Kumar Das, learned advocate representing the State leaves the matter to the discretion of the Court.

9.

This Court in Sri Tarak Nath Chakraborty (supra) passed the following direction:

"10. The petitioner shall be paid the salary for the period from 11th February, 2014 until 31st August, 2014, mandatorily and positively within a period of 1 month from the date of receipt of a copy of this order by the DPSC, Paschim Medinipur and the D.I. of Schools (P.E.), Paschim Medinipur together with interest @ 8% per annum from 1st March, 2014 till the date of actual payment."

10.

It is not in dispute that the petitioners are similarly circumstanced as of the petitioner in the aforesaid writ petition.

11.

Accordingly, it is directed that (a) petitioner no. 1 shall be paid salary for the period on and from 20th January, 2014 until 31st August, 2014, (b) petitioner nos. 2, 3, 5, 6 and 7 shall be paid salary for the period on and from 11th February, 2014 until 31st August, 2014, (c) petitioner no. 4 shall be paid salary for the period on and from 13th February, 2014 until 31st August, 2014 and (d) petitioner no. 8 shall be paid salary for the period on and from 20th February, 2014 until 31st August, 2014, positively within a period of one month from the date of receipt of a copy of this order by the District Primary School Council, Purba Medinipur and the District Inspector of Schools (P.E.), Purba Medinipur together with interest @ 8% per annum on and from 1st March, 2014 till the date of actual payment.

12.

Learned advocate for the petitioners is directed to communicate this order to respondent no. 3, District Inspector of School (P.E.), Purba Medinipur and respondent no. 4, District Primary School Council, Purba Medinipur, for necessary compliance.

13.

With the aforesaid direction, the writ petition being WPA 21042 of 2025 stands disposed of.

14.

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

15.

Interim order, if any, stands vacated.

16.

All connected applications, if any, stand disposed of. 17.

There shall be no order as to costs.

18.

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

(Bivas Pattanayak, J.)