Sudhansu Jana And ORS. v. State Of West Bengal And ORS.

24.03.2026 Sl. No. 40(DL) Ct. No.14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21039 of 2025 Sudhansu Jana & Ors.

Versus

The State of West Bengal & Ors.

Mr. Jaminikanta Ghosh ...for the Petitioners.

Mr. Ranjan Saha ...for the DPSC, Paschim Medinipur.

1.

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, more fully stated in paragraph no. 5 of the writ petition.

2.

The petitioners joined in their respective schools on and from the dates as mentioned herein below: a) Petitioner No. 1 joined on 11.02.2014 as Assistant Teacher at Amjore Primary School under Garhbeta - II Circle, P.O. Amjore, District - Paschim Medinipur.

b) Petitioner No.2 joined on 11.02.2014 as Assistant Teacher at Dhobagohindapur Primary School, P.O. Dolgram under Nayagram Circle, thereafter transferred at present Chemia Primary School, under Garhbeta II, Circle, District Paschim Medinipur.

c) Petitioner No.3, joined on 13.02.2014 as Assistant Teacher at Chichira No.1, Primary School P.O. Chichira, under Gidhni East Circle at present District Jhargram, thereafter transferred to Chaktarini Primary School under Sadar North Circle, District - Paschim Medinipur.

d) Petitioner No. 4, joined on 11.02.2014 as Assistant Teacher at Rengtia Spl. Primary School, P.O. Makli, under Garhbeta II Circle, District - Paschim Medinipur.

e) Petitioner No.5 joined on 14.02.2014 as Assistant Teacher at Khejurboni Primary School, P.O. Keshpur, under Keshpur Circle, District - Paschim Medinipur.

f) Petitioner No.6 joined on 11.02.2014 as Assistant Teacher at Durlav Primary School, P.O. Lalgarh, under Lalgarh Circle, thereafter transfer to Bankati Primary School under Midnapore Sadar West Circle, District - Paschim Medinipur. g) Petitioner No.7 joined on 11.02.2014 as Assistant Teacher at Hatimasan Primary School under Garhbeta District - Paschim Medinipur. II Circle, h) Petitioner No.8 joined on 11.02.2014 as Assistant Teacher at Ragunathpur Primary School, P.O. Ashakanti, at present District Jhargram the then District Paschim Medinipur under Binpur II Circle, District - Paschim Medinipur (at present District Jhargram the then District Paschim Medinipur).

3.

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.

4.

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.

5.

Mr. Ranjan Saha, learned Advocate appearing for the District Primary School Councils, Paschim 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.

6.

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." 7.

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

8.

Accordingly, it is directed that (a) petitioner nos. 1, 2, 4, 6, 7 and 8 shall be paid salary for the period on and from 11th February, 2014 until 31st August, 2014,

and (b) petitioner nos. 3 shall be paid salary for the period on and from 13th February, 2014 until 31st August, 2014, (c) petitioner No.5 shall be paid salary for the period on and from 14th February, 2014 until 31st August, 2014, positively within a period of one month from the date of receipt of the copy of this order by the District Primary School Council, Paschim Medinipur and the District Inspector of Schools (PE), Paschim Medinipur together with interest @ 8% per annum from 1st March, 2014 till the date of actual payment.

9.

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

10.

With the aforesaid direction, the writ petition being WPA 21039 of 2025 stands disposed of.

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.

(Bivas Pattanayak, J.)