Masidul Hoque And ORS. v. State Of West Bengal And ORS.

20.03.2026 Sl. Nos. 07-08 Ct. No.14 AN

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE , W.P.A. 22152 of 2024 Masidul Haque & ors.

Versus

The State of West Bengal & Ors.

with W.P.A. 24234 of 2024 Payel Bag & ors.

Versus

The State of West Bengal & Ors.

Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak Mr. Debarpan Bose ... for the petitioners (in WPA 22152 of 2024) Mr. Sudipta Dasgupta Ms. Suryatapa Das Mr. Saikat Sutradhar ... for the petitioners (in WPA 24234 of 2024) Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee ... for the State (in WPA 22152 of 2024) Mr. B. P. Vaisya Mr. Mrinal Kanti Ghosh ... for the State (in WPA 24234 of 2024) < 1.

Affidavits of service filed on behalf of the petitioners in both writ petitions are taken on record.

2.

E-challan showing deposit of deficit Court fees is also taken on record.

3.

By the present writ petition, the petitioner seeks direction upon the respondent authorities for grant of notional benefits from February, 2017.

4.

The petitioners contend that they participated in TET 2014. The petitioners were declared successful in TET 2014 after award of six marks pursuant to order passed by this Court in different writ petitions. The candidatures of the petitioners were considered in the recruitment process of 2016 and they were appointed in October, 2021. Some of the candidates were given appointment from February, 2017. The petitioners' claim is that the notional benefits be granted to them from February, 2017. Hence, this writ petition.

5.

Mr. Ali Ahsan Alamgir, learned advocate appearing for the petitioners in WPA 22152 of 2024 and Mr. Sudipta Dasgupta, learned advocate appearing for the petitioners WPA 24234 of 2024 submit that the petitioners are similarly circumstanced as of the petitioners in earlier writ petitions where notional benefits has been granted and as such they are entitled to similar benefits. Reliance is placed on the decision of the Coordinate Bench of this Court passed in Abad Ali vs. The State of West Bengal & ors. in WPA 12249 of 2025 as well as Srabasti Mazumder & ors. vs. The State of West Bengal & ors. in WPA 20542 of 2024.

6.

Bearing in mind the circumstances as noted hereinabove, it is found that these petitioners are similarly circumstanced as that of the petitioners in aforementioned writ petitions. As such there is no impediment in directing the concerned respondent authorities to give notional benefits to the petitioners from February, 2017.

7.

Accordingly, the concerned respondent authorities are directed as follows.

(i) To fix the pay of the petitioners granting notional benefits from February, 2017.

(ii) On upward fixation of pay of the petitioners by granting notional benefits, payment shall be made from the date of appointment of the petitioners. If any increment has been given to the teachers who joined in February, 2017 till October 2021 the same shall be made available to the petitioners prospectively from the date of their joining. The salary slip and the pay scale of the petitioners shall be revised accordingly. (iii) It is clarified that the petitioners will not be entitled to monetary benefits from February, 2017.

(iv) The petitioner shall also be entitled to the notional increments and the length of their service shall be calculated from February, 2017.

(v) Arrears, if any, from October, 2021 till date shall be paid to the petitioners.

8.

The Commissioner of School Education is directed to pass formal order on completion of aforesaid exercise within a period of twelve weeks from the date of communication of this order.

9.

Learned Advocate for the petitioners is directed to communicate this order to respondent Commissioner of School Education, Government of West Bengal for necessary compliance.

10.

With the above directions, the writ petitions being WPA 22152 of 2024 and WPA 24234 of 2024 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.

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.)