Sitaram Mandal v. State Of West Bengal And ORS.
18-11-2025 Item No.32 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.25313 of 2025 Sitaram Mandal -vsState of West Bengal & Ors.
Mr. Kanailal Samanta ...for the petitioner Mr. Srijan Nayak Ms. Tanima Sengupta ...for the State Ms. Anita Khatri Mr. Santu Dasadhikari ...for the school 1.
The petitioner is aggrieved as the school authority is not taking steps in terms of the direction passed by the District Inspector of Schools (SE), Purba Medinipur vide Memo no.46(4)-Law dated January 22, 2025.
2.
The said DI of Schools opined that the petitioner should be allowed all the due increments as per norms. Re-fixation of pay and allowances should be done by the school authority and approved accordingly. Claim of the arrear salary, if any, should be submitted to the concerned ADI\SE, Contai Sub-Division as soon as possible.
3.
Learned counsel for the petitioner submits that the school is intentionally and deliberately not taking steps to comply with the direction passed by the DI of Schools. Repeated queries are being made; and despite submission of all documents, the school is not taking follow-up steps in the matter. According to him, all records of the
petitioner are available in the school.
4.
Learned counsel for the school submits that the service book of the petitioner along with a copy of the communication of the West Bengal Board of Secondary Education regarding fixation of scale of pay of the petitioner has been forwarded to the ADI of Schools (SE) on November 17, 2025 i.e. yesterday. It has been submitted that the absence of the petitioner from May 25, 2015 to August 18, 2015 has been treated to be spent on duty.
5.
Upon perusal of the documents placed before this court, it appears that the DI of Schools has already opined that the petitioner would be entitled to the increments as per norms. Accordingly, the DI is directed to ensure that the service benefits payable to the petitioner are actually credited in his favour.
6.
From a communication dated November 17, 2025 filed on behalf of the school it appears that yesterday, i.e. on November 17, 2025, the school has forwarded all documents of the petitioner to the ADI of Schools. The said authority shall ensure that the records of the petitioner are made ready so that the benefit is transmitted to him at the earliest but positively within a period of three months from the date of communication of this order.
7.
In the event there is any discrepancy in the records, the same shall be intimated to the respective party/parties for immediate correction. 8.
The school is directed to render all cooperation to the DI and the ADI of Schools for implementation of the direction passed hereinabove.
9.
The communication of the school dated 17th
November 2025 filed in court be taken on record. 10.
All parties are to act on the server copy of this order duly downloaded from the official website of this court.
11.
Certified copy of this order, if applied for, shall be made available to the parties.
[Amrita Sinha, J]