Vikash Singh @ Vikash Kumar Singh @ Bikash Singh v. The District Project Officer, Samagra Shiksha Mission, Jalpaiguri And ORS.
Court No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 2250 of 2025 Vikas Singh @ Vikash Kumar Singh @ Bikash Singh Vs.
The District Project Officer, Samagra Shiksha Mission, Jalpaiguri & Ors.
(1545) 07.11.2025 (JPD 16) (S. Banerjee) Mr. Sanjay Mazoomdar Ms. Sunakya Adhikary ... for the petitioner Mr. Pretom Das Mr. Bikash Singha ... for the State Affidavit of service filed in Court today is taken on record.
The petitioner claims to be a Para Teacher serving at Matelli Rastrabhasa Vidyalaya High School (HS). On the basis of a criminal complaint lodged against the petitioner, a criminal case was initiated and the petitioner was initially taken to custody and subsequently released on bail. The petitioner was acquitted by the Additional Sessions Judge, Mal, District-Jalpaiguri by a judgment dated September 27, 2024. After being acquitted in the criminal case, petitioner applied before concerned authority for reinstating him. Petitioner alleges that there was about 8 months delay on the
part of the authorities in reinstating him as a Para Teacher of the said school. Petitioner claims to have submitted a representation praying for release of the arrear salary.
The learned advocate appearing for the petitioner submits that the petitioner is entitled to arrear salary from the date of acquittal of the criminal case as well as back-wages.
The learned advocate appearing for the petitioner, in his usual fairness, submits that since the petitioner is a layman, he has not specified all his entitlements in the said representation.
Heard the learned advocate for the State. He submits that the petitioner is not entitled to any back-wages or arrear salary.
After going through the said representation this Court finds that same is not a comprehensive one. In view thereof, this Court is inclined to grant an opportunity to the petitioner to file a comprehensive representation ventilating all his grievances before the concerned authority. This writ petition stands disposed of by giving liberty to the petitioner to submit a comprehensive representation before the District Education Officer,
SSM, Jalpaiguri, being the 2nd respondent, along with a server copy of this order.
If such a representation is made, the 2nd respondent shall consider and dispose of the same by passing a reasoned order after giving an opportunity of hearing to the petitioner or his authorized representative and communicate such reasoned order to petitioner immediately thereafter. The entire exercise shall be completed within a period of four weeks from the date of receipt of the server copy of the order along with the comprehensive representation as directed to be filed pursuant to this order.
It will be open to the petitioner to rely upon any circular/notification or any order passed by any court of law in support of his claim for back-wages, arrear salary etc.
(Hiranmay Bhattacharyya, J.)