Tanmay Mishra v. West Bengal Board Of Madrasah Education And ORS.
18.02.2026 Sl. No.19 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 27800 of 2025 Tanmay Mishra
Versus
The State of West Bengal & Ors.
Mr. S. P. Pahari ...for the Petitioner.
Mr. Supriyo Chattopadhyay, Ld. AGP Mr. Manoj Kr. Mondal ...for the State.
Mr. Nadeem Sulaiman Mr. Mijanul Kabir ... for the Madrasah Board 1.
Report of the District Inspector of Schools (SE), Purba Medinipur dated 5th February, 2026 filed by the State is taken on record.
2.
By the present writ petition the petitioner seeks direction upon the respondent authorities to release arrear of salary amounting to Rs.1,09,709/- together with interest at the rate of 10% per annum in favour of the petitioner..
3.
The petitioner contends that he is an Assistant Teacher in Bio-Science subject in Contai Rahmania High Madrasah (H.S.), P.O. Darua, P.S. Contai, District Purba Medinipur. The petitioner joined in the said school on 16th November, as an untrained teacher.
Subsequent thereto, the petitioner obtained two years degree course in Bachelor of Education through ODL Mode from Netaji Subhas Open University in the month of March, 2015. In terms of the Government Circular
being No.759-SE(S)/2P-1/09 dated 30th July, 2009 of the School Education Department, Secondary Branch, the benefit of increment to the untrained Assistant Teacher was allowed upto the year 2012. As the petitioner did not obtain the B.Ed. qualification in terms of the circular within the relaxation period, his increment was stopped with effect from 1st July, 2013. Subsequent thereto, the School Education Department has granted one time relaxation to all the untrained Assistant Teachers to complete B.Ed. course. In terms of the Government Circular the petitioner completed the B.Ed. course within the stipulated period. However, his annual increment was stopped for the period from 1st July, 2013 to 30th November, 2018. On 20th March, 2018 the petitioner made a representation before the Secretary of the said Madrasah which was forwarded to the District Inspector of Schools (SE), Purba Medinipur on 16th January, 2019. However, the arrear salary amount has not yet been released. Hence, this writ petition.
4.
Mr. Manoj Kr. Mondal, the learned Advocate for the State at the very outset submits that the concerned authority namely, the District Inspector of Schools (SE), Purba Medinipur would sanction the claim of the petitioner as prayed for subject to production of relevant documents.
5.
Mr. S.P. Pahari, learned Advocate appearing for the petitioner submits that the relevant documents have already been produced.
6.
Accordingly, the District Inspector of Schools (SE), Purba Medinipur, respondent no.3 is directed to release the arrear of claim of the petitioner amounting to Rs.1,09,709/- subject to production of relevant documents, if not already produced, together with interest at the rate of 8% per annum from the due date till the date of actual payment, within a period of twelve weeks from the date of communication of this order. 7.
Learned advocate for the petitioner is directed to communicate this order to the respondent no.3, the District Inspector of Schools (SE), Purba Medinipur, for necessary action.
8.
With the above direction, the writ petition being WPA 27800 of 2025 stands disposed of.
9.
Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
10. Interim order, if any, stands vacated.
11. All connected applications, if any, stand disposed of.
12. There shall be no order as to costs.
13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
14. 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.)