Nibedita Halder v. State Of West Bengal And ORS.

16-06-2026 Item No.1 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.26970 of 2025 Nibedita Halder -vsThe State of West Bengal & Ors.

Mr. Sakti Pada Jana Mr. Sudipta Pramanik ...for the petitioner Ms. Aparna Banerjee, AGP Mr. Atanu Basu ...for the State 1.

The petitioner participated in the recruitment process for appointment as a primary school teacher initiated in the year 2016. Appointment letter was issued in her favour in March 2022. 2.

Specific contention of the petitioner is that because of the delay on the part of the authority in issuing the appointment letter, she lost valuable years in service.

3.

She prays for a direction upon the respondents to approve her length of service notionally with effect from March 1, 2017 as has been done in respect of other recruitees in the said recruitment process.

4.

Learned counsel for the petitioner relies on the orders passed by this Court on July 11, 2024 in WPA No.19440 of 2024 (Taraknath Halder v. State of West Bengal & Ors.) and WPA No.27622 of 2024 (Animesh Karmakar v. The State of West Bengal & Ors.) wherein directions were passed for consideration of the service of the candidate

notionally from the date when other candidates were recruited in the said recruitment process. 5.

It appears that the petitioner has already filed a representation before the Chairman, District Primary School Council (DPSC), South 24 Parganas in November 2025 seeking notional benefit and the same is alleged to be kept pending.

6.

None represents the DPSC. Affidavit of service is on record.

7.

Learned counsel for the State submits that she is not ready with proper instruction.

8.

However, as it appears that the representation of the petitioner seeking notional benefit is pending consideration at the end of the Chairman, DPSC, South 24 Parganas no useful purpose would be served by keeping the writ petition pending.

9.

In view of the above, the instant writ petition stands disposed of by directing the Chairman, District Primary School Council, South 24 Parganas or the authority in-charge of the same to consider the petitioner's prayer in light of the orders passed by this Court in the matters of Taraknath Halder (supra) and Animesh Karmakar (supra) at the earliest but positively within a period of twelve weeks from the date of communication of this order.

10.

A reasoned order shall be passed and communicated to the petitioner.

11.

If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken by the aforesaid respondent without any further delay.

12.

Learned counsel for the petitioner shall forward a copy of the subject representation along with all

supporting documents to the aforesaid respondent at the time of communicating this order.

13.

It is made clear that this Court has not entered into the merits of the subject representation of the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation.

14.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

15.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]