Soma Nandi And ORS. v. State Of West Bengal And ORS.

31.03.2026 Sl. No. 22(DL) Ct. No.14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21566 of 2025 Soma Nandi & Ors.

Versus

The State of West Bengal & Ors.

Mr. Jaminikanta Ghosh ...for the Petitioners.

Mr. S. M. Samim Ullah ...for the State Mr. Ranjan Saha ...for the DPSC, Paschim Medinipur.

& for the DPSC, Jhargram 1.

By the present writ petition, the petitioners seek direction upon the respondent authorities to disburse the arrear salaries of the petitioners as per respective joining letters of the petitioners annexed to the writ petition who are discharging their duties as Assistant Teachers in different primary schools.

2.

The petitioners joined in their respective schools on and from the dates as mentioned herein below: a) Petitioner No. 1 joined on 10.02.2014 as Assistant Teacher in Barabhalukbasa Primary School, P.O. Makli, under Garhbeta-II Circle and thereafter transferred to Pairaura Primary School, P.O. Garhbeta under Amlagora Circle, District - Paschim Medinipur.

b) Petitioner No.2 joined on 15.02.2014 as Assistant Teacher in Barbetia Primary School, P.O. Changual under Kharagpur Circle and

thereafter transferred to Kalabani Primary School, P.O. Belda under Keshiary-I Circle, District Paschim Medinipur.

c) Petitioner No.3, first joined on 11.02.2014 as Assistant Teacher in Kaima Primary School, P.O. Kaima, under Beliabera Circle, District Paschim Medinipur and thereafter transferred to Benadiha Primary School, P.O. Benadiha under Keshiary II Circle, District Paschim Medinipur. d) Petitioner No. 4, first joined on 11.02.2014 as Assistant Teacher in Ghoratoria Primary School, P.O. Dokra, under Nayagram Circle and thereafter transferred to Kanpur Primary School, P.O. Kanpur, under Keshiary I Circle, District - Paschim Medinipur.

e) Petitioner No.5 first joined on 11.02.2014 as Assistant Teacher in Kuldiha NO.-I, Primary School, P.O. Kuldiha, under Nayagram I Circle, District Paschim Medinipur and thereafter transferred to Antla New Primary School, P.O. Jenkapur, under Mohanpur Circle, District - Paschim Medinipur.

f) Petitioner No.6 first joined on 11.02.2014, as Assistant Teacher in Banskuthi Primary School, P.O. Banskuthi, under Nayagram Circle and thereafter transferred to Srikrishnapur Primary School, P.O. Chhoto Srikrishnapur under Jahalda South Circle, District - Paschim Medinipur.

g) Petitioner No.7 first joined on 11.02.2014 as Assistant Teacher in Tufuria Primary School, P.O. Tufuria Kamlapur, under Nayagram Circle and thereafter transferred to Barabaghra Primary School, P.O. Dantan, under Dantan Circle, District - Paschim Medinipur.

h) Petitioner No.8 first joined on 11.02.2014 as Assistant Teacher in Gokhurpal Primary School, P.O. Bara Negui, under Nayagram-1 Circle, Present District - Jhargram and thereafter transferred to Anikola Primary School, P.Ο. Anikoila undere Dantan Circle, 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 and Jhargram submits that the petitioners are similarly circumstanced as of the petitioner in WPA 20548 of 2019 and the Councils intend 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 no. 1 shall be paid salary for the period on and from 10th February, 2014 until 31st August, 2014, and (b) petitioner no. 2 shall be paid salary for the period on and from 15th February, 2014 until 31st August, 2014 and (c) petitioner nos. 3, 4, 5, 6, 7 and 8 shall be paid salary for the period on and from 11th 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 Councils, Paschim Medinipur and Jhargram and the District Inspector of Schools (PE), Paschim Medinipur and Jhargram 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 and respondent no. 9, the District Primary School Council, Jhargram for necessary compliance.

10.

With the aforesaid direction, the writ petition being WPA 21566 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.)