Mausami Rai v. Gorkhaland Territorial Administration Council And ORS
Form No.J(2) akg/SB/Sayandeep
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
Present:
The Hon'ble Justice Raja Basu Chowdhury WPA/2506/2025 SANAM RAI VS THE STATE OF WEST BENGAL AND ORS.
WPA/2510/2025 PARI RAI AND ORS.
VS THE STATE OF WEST BENGAL AND ORS WPA/2539/2025 NIHARIKA POUDYAL AND ANR.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2542/2025 BHUPEN BAISYA VS THE STATE OF WEST BENGAL AND ORS.
WPA/2544/2025 KIRAN RAI AND ORS.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2546/2025 VISHAL GURUNG AND ORS.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2550/2025 PREETI SINGH AND ANR.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2554/2025 SREEJANA GURUNG VS
THE STATE OF WEST BENGAL AND ORS.
WPA/2555/2025 HAMIDUL ISLAM VS THE STATE OF WEST BENGAL AND ORS.
WPA/2556/2025 PALLAVI GURUNG VS THE STATE OF WEST BENGAL AND ORS.
WPA/2558/2025 PURNIMA YONJON (TAMANG) VS THE STATE OF WEST BENGAL AND ORS.
WPA/2559/2025 BANDANA PRADHAN VS THE STATE OF WEST BENGAL AND ORS WPA/2560/2025 NEELAMA RUMBA AND ANR.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2561/2025 KELSANG CHODEN BHUTIA VS THE STATE OF WEST BENGAL AND ORS WPA/2562/2025 BUDDHA SUBBA VS THE STATE OF WEST BENGAL AND ORS WPA/2563/2025 RUBINA PRADHAN THAPA @ RUBINA PRADHAN VS THE STATE OF WEST BENGAL AND ORS WPA/2564/2025 RESHMA RAI VS THE STATE OF WEST BENGAL AND ORS.
WPA/2572/2025 ANORA LEEZER LEPCHA VS THE STATE OF WEST BENGAL AND ORS
WPA/2583/2025 ANIL KUMAR RAI VS THE STATE OF WEST BENGAL AND ORS.
WPA/2585/2025 SAGAR PRADHAN AND ORS.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2586/2025 NIRNAY TAMANG VS THE STATE OF WEST BENGAL AND ORS.
WPA/2587/2025 VANEE RAI AND ORS.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2588/2025 MEERA CHHETRI VS THE STATE OF WEST BENGAL AND ORS.
WPA/2589/2025 REGEN YONZON VS THE STATE OF WEST BENGAL AND ORS.
WPA/2591/2025 SANCHA THAPA VS THE STATE OF WEST BENGAL WPA/2592/2025 CHANDA KHAWAS AND ORS.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2593/2025 SUSHMITA GURUNG AND ANR.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2596/2025 MILAN LIMBU VS THE STATE OF WEST BENGAL AND ORS.
WPA/2598/2025 POOJA GURUNG
VS THE STATE OF WEST BENGAL AND ORS WPA/2600/2025 ANJU CHETTRI VS THE STATE OF WEST BENGAL AND ORS.
WPA/2601/2025 DIPAM CHHETRI AND ORS VS THE STATE OF WEST BENGAL AND ORS WPA/2602/2025 BHUPEN PRADHAN VS THE STATE OF WEST BENGAL AND ORS WPA/2603/2025 SARANA CHHETRI AND ANR VS THE STATE OF WEST BENGAL AND ORS WPA/2604/2025 TASHI BHUTIA VS GORKHALAN TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2605/2025 PUSHKAR GURUNG VS GORKHALAN TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2606/2025 SMITA TAMANG AND ANR VS GORKHALAND TERRITORAIAL ADMINISTRATION COUNCIL AND ORS. WPA/2607/2025 RAJESH CHHETRI AND ORS VS THE STATE OF WEST BENGAL AND ORS WPA/2608/2025 MAUSAMI RAI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2612/2025 SUSHMITA GURUNG AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS.
WPA/2615/2025 KIRAN THAPA AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2641/2025 ANURAG PRADHAN VS THE STATE OF WEST BENGAL AND ORS.
WPA/2647/2025 KISHORE GAUTAM AND ORS.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2648/2025 LILIAN RAI AND AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2652/2025 SEWAK RAI AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2653/2025 ASHMI PRADHAN AND ORS VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2654/2025 SWASTIK RAI AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2655/2025 DIBHYA RAI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2656/2025 PRIYA RAI AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2657/2025 KARUNA CHHETRI AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS
WPA/2658/2025 SHUBHALA RAI AND ORS VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2659/2025 DIWAKAR NIROULA AND ORS VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2660/2025 RUBINA PRADHAN AND ORS VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2661/2025 RAJANI RAI AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2662/2025 ANJALI RAI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2663/2025 NEETU RAI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2664/2025 DENJU SHERPA VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2665/2025 TAPASI MALLICK NAG VS GORKHALAN TERRITORIAL ADMINISTRATION COUNCIL WPA/2668/2025 PRITAM MOHRA AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2669/2025 SHASHI KALA TAMANG VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2670/2025 SUK TSHERING LEPCHA
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2671/2025 JAIDEEP KHATI AND ANR VS THE STATE OF WEST BENGAL AND ORS WPA/2674/2025 BISHAL THAMI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2676/2025 ANIT RAI AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2677/2025 ABINAM PRADHAN AND ANR VS THE STATE OF WEST BENGAL AND ORS WPA/2678/2025 YOGENDRA SHARMA VS THE STATE OF WEST BENGAL AND ORS WPA/2679/2025 RESHMA RAI AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2680/2025 PRABISHA CHETTRI (THAMI) VS THE STATE OF WEST BENGAL AND ORS WPA/2681/2025 AJIT CHETTRI AND ORS VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2682/2025 PAWAN RAI AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2683/2025 PRABIT PRADHAN AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS
WPA/2685/2025 RISHI RAJ THAPA VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2686/2025 ASHA TAMANG AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2688/2025 KRITY CHAULIA AND ORS VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2689/2025 PASANG LAMU BHUTIA VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2691/2025 RAJ RAI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2692/2025 PRATIMA SEWA PARIYAR AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2696/2025 BIMAL BISWAKARMA AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2699/2025 SEBI THAPA @ SHARMA VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2701/2025 NAMRATA RAI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2703/2025 DIPU MOKTAN VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2705/2025
ARATI CHETTRI AND ORS.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2706/2025 KESHIKA CHHETRI AND ORS VS THE STATE OF WEST BENGAL AND ORS WPA/2710/2025 PEMA CHODEN SHERPA VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2738/2025 PRANAY RANA VS GORKHLAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2739/2025 PRATIK PRADHAN VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2740/2025 SWECHHA KARKI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2741/2025 PRABIN RAI AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2743/2025 BENOY TAMANG AND ORS.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2746/2025 PUKAR CHETTRI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/2753/2026 SUNDAR RAI AND ORS.
VS THE STATE OF WEST BENGAL AND ORS WPA/39/2026 VANEE RAI AND ORS VS
GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/40/2026 BISWAS TAMANG VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/41/2026 DECHEN BHUTIA VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/42/2026 TARIQUE HUSSAIN AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/44/2026 KESHIKA CHHETRI AND ORS VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/46/2026 AMAR RAI AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/49/2026 ARPANA CHHETRI AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/53/2026 SABIN BAGDAS AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/58/2026 PRIYANKA MANGER THAPA VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/60/2026 THINLEY CHODEN BHUTIA VS THE STATE OF WEST BENGAL AND ORS WPA/61/2026 NANITA MUKHIA VS THE STATE OF WEST BENGAL AND ORS
WPA/62/2026 SAGAR ADHIKARI AND ORS VS THE STATE OF WEST BENGAL AND ORS WPA/63/2026 PRAVAKAR GURUNG VS THE STATE OF WEST BENGAL AND ORS.
WPA/64/2026 SREEJANA GURUNG AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/65/2026 PUNAM CHHETRI AND ORS VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/66/2026 MANOJ CHHETRI AND ORS.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/67/2026 RABINDRA GURUNG VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/68/2026 COLUMBUS RAI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/69/2026 NILEEMA RUMBA AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/70/2026 DIVIYA TAMANG VS THE STATE OF WEST BENGAL AND ORS.
WPA/71/2026 RAMESH RAI AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/72/2026 BEDU CHHETRI
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/73/2026 RAJA GURUNG AND ORS.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/74/2026 DEEPMALA KHARGA AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/75/2026 SUSHMITA PRADHAN VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/76/2026 SUJATA CHHETRI AND ANR VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/77/2026 ANJU KHATI VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/79/2026 ABINAM PRADHAN AND ORS.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/86/2026 BISHAN SHARMA VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/111/2026 PRAMOD KHARAKA AND ANR.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/112/2026 PEMLAMU SHERPA VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/115/2026 KRITY CHAULIA AND ORS.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS.
WPA/117/2026 AISHA RAI AND ORS.
VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS. WPA/120/2026 MAHENDRA TAMANG AND ORS VS GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL AND ORS WPA/2257/2025 ASHISH MOKTAN AND ORS VS THE STATE OF WEST BENGAL AND ORS WPA/2260/2025 DIWASH TAMANG AND ANR.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2261/2025 SARNIM GURUNG AND ORS VS THE STATE OF WEST BENGAL AND ORS WPA/2262/2025 SEYON LEPCHA AND ORS.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2263/2025 PRIYANKA PRIYADARSHNI GURUNG AND ANR.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2265/2025 LEYAM TAMANG AND ANR.
VS THE STATE OF WEST BENGAL AND ORS.
WPA/2266/2025 MAHENDRA PRADHAN VS THE STATE OF WEST BENGAL AND ORS WPA/2267/2025 PRAGATI TAMANG AND ANR VS THE STATE OF WEST BENGAL AND ORS WPA/2268/2025
ASHMA TAMANG AND ANR.
VS THE STATE OF WEST BENGAL AND ORS.
For the petitioners :
Mr. Ekramul Bari, Advocate Sk. Imtiaj Uddin, Advocate Mr. Rishav Das, Advocate Mr. Bikash Goswami, Advocate Mr. Osman Gani Mallick, Advocate Mr. DEboshi Dhar, Advocate Ms. Shewly Saha, Advocate Ms. Taniya Bhowmick, Advocate For the State :
Mr. Joyjit Choudhury, AAG Mr. Nabankur Paul, Advocate Ms. Bedashurit Bose, Advocate Mr. Subir Kumar Saha, AGP Mr. Sourav Sarkar, Advocate Ms. Rima Sarkar, Advocate Ms. Pratalekha Choudhury, Advocate Mr. Hirak Barman, Advocate Mr. Bikash Singha, Advocate Mr. Pradip Sarkar, Advocate Mr. Sandip Guha Roy, Advocate Mr. Momenur Rahman, Advocate Ms. Pratuusha Dutta Chowdhury, Advocate Ms. Kanika Saha Sarkar, Advocate Mr. Arindam Mitra, Advocate Mr. Kanika Saha Sarkar, Advocate Mr. Pretom Das, Advocate Mr. Manti Dutta, Advocate Mr. Sumit Kumar, Advocate Mr. Anirban Banerjee, Advocate For the GTA :
Ms. Supriya Singh, Advocate Ms. Susmita Ghosh, Advocate
Heard on : 07.04.2026, 08.09.2026 & 09.04.2026 Judgment on : 09.04.2026.
Raja Basu Chowdhury, J. (Oral):
1. Affidavit-in-oppositions filed in WPA/2257/2025, WPA/2260/2025, WPA/2261/2025, WPA/2262/2025, WPA/2263/2025, WPA/2265/2025, WPA/2266/2025, WPA/2267/2025 and WPA/2268/2025 by the GTA and replies by the petitioners in Court today are taken on record. The petitioners also undertake to put in deficit Court fees in course of tomorrow i.e. 10th April, 2026.
2. A batch of writ petitions concerning a common cause has been taken up for consideration together.
3. Most of the writ petitioners claim to have been appointed purely on temporary basis as 'Assistant Teachers' in the schools by the respective Managing Committee of the schools on the dates shown against their names as set out in the form of a chart which has been filed by Ms. Singh, learned advocate representing the Gorkhaland Territorial Administration. The same is extracted herein below :- In pursuance of the order dated: 09/04/2026 of the Hon'ble High Court, Calcutta at Jalpaiguri Circuit Bench, I am filling a Particulars in W.P.A's numbers as detailed below: -
Sl No Case No Petitioner's Name Respondent's Name Designation Name of the School Date of Joining 1.
WPA/2506/2025 Sanam Rai State of West Bengal & Assistant Teacher Agamsing Giri Memorial H.S School 28.07.2017 Ors State of West Bengal & Cedars T.E Higher Secondary Ors State of West Bengal & Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher School Cedars T.E Higher Secondary 1.Pari Rai
2. Surya Prasad 02.5.2023 01.8.2015 21.3.2016 16.9.2019 Ors State of West Bengal & School Cedars T.E Higher Secondary 2.
WPA/2510/2025 Sharma 3.Sekhar Rai Ors State of West Bengal & School Cedars T.E Higher Secondary
4. Sasra Rai Ors School State of West Bengal & 1.Niharika Ors State of West Bengal & Assistant Teacher Assistant Teacher Kumudini Homes H.S. School Kumudini Homes H.S. School 01.03.2017 17.02.2017 3.
WPA/2539/2025 Poudyal
2. Ajit Chetrri Ors 01.6.2016 4.
WPA/2542/2025 Bhupen Baisya State of West Bengal & Assistant Teacher Agamsing Giri Memorial H.S Ors School State of West Bengal & 1.Kiran Rai 2.Lekhnath Giri Non-Teaching( 15.2.2018 15.2.2018 15.2.2018 Ors State of West Bengal & Withdraw) Assistant Teacher Assistant Teacher Sukna High school Sukna High school Sukna High school 5.
WPA/2544/2025 3.Sandhya Ors State of West Bengal & Pradhan Ors Assistant Teacher of State of West Bengal & primary School Assistant Teacher of Ors State of West Bengal & Judhabir junior Basic School 1Vishal Gurung
2. Ten Tshering primary School Assistant Teacher of Babari Primary School Babari Primary School Judhabir junior Basic School Judhabir junior Basic School Ors State of West Bengal & 07.8.2012 17.3.2005 07.8.2012 02.05.2012 07.08.2012 Lepcha
3. Milan Chhetri 4.Dawa Moktan primary School Assistant Teacher of Ors State of West Bengal & 6.
WPA/2546/2025 primary School Assistant Teacher of Upper Fagur Godam Gaon primary School Ors State of West Bengal & 5.Srawan Raj Gurung
6. Meena Chhetri primary School Assistant Teacher of 19.2.2008 Ors State of West Bengal & primary School Ors State of West Bengal & 7.
WPA/2550/2025 1.Preeti Singh
2. Pritiraj Limbu Ors State of West Bengal & Assistant Teacher Assistant Teacher Kainjalia High School Kainjalia High School 28.3.2017 28.02.2018 Ors State of West Bengal & Pagang Gumpa Higher 8.
WPA/2554/2025 1.Sreejana Gurung Ors State of West Bengal & Assistant Teacher Assistant Teacher Secondary School Pagang Gumpa Higher 21.08.2019 17.12.2021 2.Dinesh Kharga Ors Secondary School State of West Bengal & 9.
WPA/2603/2025 1.Sarana Chettri Ors State of West Bengal & Assistant Teacher Assistant Teacher Ramlal Dahal High School Ramlal Dahal High School 02.04.2018 03.04.2017
2. Archana Rai Ors Gorkhaland Territorial Administration Council 10.
WPA/2604/2025 Tashi Bhutia Non-Teaching Staff Ramlal Dahal High School 16.2.2017 & Ors Gorkhaland Territorial Administration Council Assistant Teacher Gairibas higher Secondary 11.
WPA/2605/2025 Pushkar Gurung School 18.08.2015 & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 12.
WPA/2606/2025 1.Smita Tamang 2.Ninita Chhetri & Ors Gorkhaland Territorial Administration Council Panighata High School Panighata High School 09.9.2016 09.09.2016 & Ors 1.Rajesh Chettri State of West Bengal & Assistant Teacher Assistant Teacher Assistant Teacher Kumudini Homes, Higher 15.04.2015 01.11.2017 02.05.2023 13.
WPA/2607/2025 2.Nischal Dahal 3.Suman Khawas Ors State of West Bengal & Secondary School Kumudini Homes, Higher
Ors State of West Bengal & Secondary School Kumudini Homes, Higher Ors Secondary School Gorkhaland Territorial Administration Council Assistant Teacher 14.
WPA/2608/2025 Mausami Rai Potong High School 17.02.2014 & Ors Gorkhaland Territorial Administration Council 1.Sushmita Assistant Teacher Assistant Teacher & Ors Gorkhaland Territorial Administration Council Darjeeling Hindi High School Darjeeling Hindi High School 14.12.2018 15.03.2023 15.
WPA/2612/2025 Gurung
2. Upen Chhetri & Ors Gorkhaland Territorial Administration Council Pagang Gumpa Higher Assistant Teacher Assistant Teacher 16.
WPA/2615/2025 1.Kiran Thapa 2.Dinesh Kharga & Ors Gorkhaland Territorial Administration Council Secondary School Pagang Gumpa Higher 12.3.2018 17.12.2021 Secondary School & Ors 17.
WPA/2641/2025 Anurag Pradhan State of West Bengal & Assistant Teacher Raja Ram Mohan Roy High School 22.10.2014 Ors Gorkhaland Territorial Administration Council 18.
WPA/2647/2025 Kishore Gautam & Assistant Teacher Santook Junior High School 17.02.2014 Ors & Ors Gorkhaland Territorial Administration Council Lolay sampu Higher Assistant Teacher Assistant Teacher 19.
WPA/2648/2025 1.Liljan Rai 2.Bhupen Pradhan & Ors Gorkhaland Territorial Administration Council Secondary school Lolay sampu Higher 09.10.2017 15.02.2018 Secondary school & Ors Gairibas Higher Secondary Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 20.
WPA/2652/2025 1.Sewak Rai School Gairibas Higher Secondary 17.04.2018 2.Bishal Rai 16.5.2015 & Ors School Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher Assistant Teacher & Ors Gorkhaland Territorial Administration Council 1.Rashmi Pradhan Ambiok High School Ambiok High School Ambiok High School 02.06.2015 02.04.2018 01.09.2022 2.Ritu Chhetri 21.
WPA/2653/2025 3.Binam Ranapaheli & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council 1.Swastik Rai 2.Niraj Ghimiray Assistant Teacher Assistant Teacher & Ors Gorkhaland Territorial Administration Council Bagrakote H.S School Bagrakote H.S School 14.09.2016 30.07.2018 22.
WPA/2654/2025 Sharma & Ors Gorkhaland Territorial Administration Council Assistant Teacher 23.
WPA/2655/2025 Dibya Rai Pranami Balika Vidya Mandir 13.03.2023 & Ors Gorkhaland Territorial Administration Council Samthar Higher Secondary Assistant Teacher Assistant Teacher 24.
WPA/2656/2025 1.Priya Rai 2.Parikshit Sharma & Ors Gorkhaland Territorial Administration Council School Samthar Higher Secondary 01.6.2018 01.07.2021 School & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 25.
WPA/2657/2025 1.Karuna Chettri 2.Pasang Tamang & Ors Gorkhaland Territorial Administration Council Pokhriabong High School Pokhriabong High School 04.9.2020 12.4.2022 & Ors 1.Shubhala Rai Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher Assistant Teacher Rimbick Higher Secondary 26.08.2014 28.08.2014 16.09.2021 26.
WPA/2658/2025 2.Sarita Rai
3. Treja Rai School Rimbick Higher Secondary & Ors
Gorkhaland Territorial Administration Council School Rimbick Higher Secondary & Ors Gorkhaland Territorial Administration Council School & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council 1.Diwakar Niroula Assistant Teacher Assistant Teacher Assistant Teacher Lingsey High School Lingsey High School Lingsey High School 09.2.2015 12.2.2018 01.8.2018 2.Milan Subba 27.
WPA/2659/2025
3. Ranjana Panchakoty & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council Assistant Teacher Thurbo Higher Secondary 28.
WPA/41/2026 Dechen Bhutia School 04.8.2015 & Ors Gorkhaland Territorial Administration Council Pankhabari Higher 1.Tarique Hussain Assistant Teacher Assistant Teacher & Ors Gorkhaland Territorial Administration Council Secondary School Pankhabari Higher 14.07.2016 29.
WPA/42/2026
2. Kalpana 04.7.2016 Pradhan Secondary School & Ors Gorkhaland Territorial Administration Council Pokhria Bong Higher & Ors Gorkhaland Territorial Administration Council Secondary School Pokhria Bong Higher 1.Keshika Chettri Assistant Teacher Assistant Teacher Assistant Teacher 01.4.2016 01.4.2016 01.4.2016 30.
WPA/44/2026 2.Pravakar Rai 3.Kaushal Chhetri Secondary School Pokhria Bong Higher & Ors Gorkhaland Territorial Administration Council Secondary School & Ors Gorkhaland Territorial Administration Council 1.Amar Rai 2.Anora Leezer Assistant Teacher Assistant Teacher & Ors Gorkhaland Territorial Administration Council Chisang High School Chisang High School 27.11.2014 01.07.2019 31.
WPA/46/2026 Lepcha & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 32.
WPA/49/2026 1.Arpana Chettri
2. Preeti Pradhan & Ors Gorkhaland Territorial Administration Council Parnami Balika Vidya Mandir Parnami Balika Vidya Mandir 20.6.2018 11.5.2022 & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 33.
WPA/53/2026 1.Sabin Bagdas & Ors Gorkhaland Territorial Administration Council Gorubathan High School Gorubathan High School 01.4.2014 01.4.2014 2.Reeti Rai & Ors 34.
WPA/58/2026 Priyanka Manger State of West Bengal & Ors Non- Teaching Staff Sukhia Pokhri Higher Secondary School 26.5.2014 Thapa 35.
WPA/60/2026 Thinley Choden State of West Bengal & Ors Assistant Teacher Kumudini Homes Higher Secondary 17.8.2018 Bhutia 36.
WPA/61/2026 Nanita Mukhia State of West Bengal & Ors Assistant Teacher Sukhia Pokhri Higher Secondary School 14.3.2017 State of West Bengal & Ors State of West Bengal & Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher 1.Sagar Adhikari 2.Aditya Sharma Gangotri H.S School Gangotri H.S School Gangotri H.S School Gangotri H.S School 01.7.2021 01.7.2021 01.7.2021 01.7.2021 37.
WPA/62/2026 Ors State of West Bengal & 3.Durga Sarki
4. Smita Lama Ors State of West Bengal &
Ors 38.
WPA/63/2026 Pravakar Gurung State of West Bengal & Ors Assistant Teacher Sonada Higher Secondary School 10.10.2017 39.
WPA/2554/2025 Sreejana Gurung State of West Bengal & Ors Assistant Teacher Pagang Gumpa Higher Secondary School 21.08.2019 Gorkhaland Territorial Administration Council Kagay Higher secondary & Ors Gorkhaland Territorial Administration Council School Kagay Higher secondary 09.11.2015 19.04.2016 1.Punam Chettri Assistant Teacher Assistant Teacher Assistant Teacher 2.Deepen Rai 3.Sushil Chhetri 40.
WPA/65/2026 School Kagay Higher secondary 20.6.2011 & Ors Gorkhaland Territorial Administration Council School & Ors State of West Bengal & 1.Manoj Chettri Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Rabindranath H.S. School Rabindranath H.S. School Rabindranath H.S. School Rabindranath H.S. School Rabindranath H.S. School 05.3.2014 04.10.2017 Ors State of West Bengal & 2.Benu subba 41.
WPA/66/2026
3. Diksha Dewan4.Anjali Rai 5.Cheudup Sherpa 01.6.2011 09.3.2017 01.3.2018 Ors State of West Bengal & Ors Gorkhaland Territorial Administration Council 42.
WPA/67/2026 Rabindra Gurung Non-Teaching Staff Sukhia Pokhri H.S. School 26.6.2015 & Ors Gorkhaland Territorial Administration Council Assistant Teacher 43.
WPA/68/2026 Columbus Rai Kumai H.S School 01.10.2018 & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 44.
WPA/69/2026 1.Neelima Rumba & Ors Gorkhaland Territorial Administration Council Simkuna Sai High School 01.7.2014 01.3.2019 2.Darsan Tamang & Ors 45.
WPA/70/2026 Divya Tamang State of West Bengal & Ors Assistant Teacher Mirik Higher Secondary School 18.02.2021 Gorkhaland Territorial Administration Council 46.
WPA/71/2026 1.Ramesh Rai 2.Pankaj Tamang & Ors Gorkhaland Territorial Administration Council Non- Teaching Staff Non- Teaching Staff Adarsha High School Adarsha High School 01.04.2005 03.03.2021 & Ors Gorkhaland Territorial Administration Council Non- Teaching Staff 47.
WPA/72/2026 Bedu Chettri Judhabir H.S School 04.08.2020 & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council 1.Raja Gurung 2.Amrit Kharka
3. Raksha Karki( Saraswati H.S. School Saraswati H.S. School Saraswati H.S. School Saraswati H.S. School Saraswati H.S. School Saraswati H.S. School 02.02.2015 21.11.2016 18.07.2016 21.11.2016 26.08.2019 Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher & Ors Gorkhaland Territorial Administration Council 48.
WPA/73/2026 Chhetri)
4. Priya Gurung 5.Mitra Gurung 6.Mandira Thapa 18.7.2017 & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors
Gorkhaland Territorial Administration Council 1.Deepmala Kalimpong Jublee Higher Kharga 2.Anupama & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher Secondary School Kalimpong Jublee Higher 26.11.2019 49.
WPA/74/2026 03.3.2020 Gurung Secondary School & Ors Gorkhaland Territorial Administration Council 50.
WPA/75/2026 Sushmita Pradhan Assistant Teacher Ganesh H.S School 02.7.2018 & Ors Gorkhaland Territorial Administration Council 51.
WPA/76/2026 1.Sujata Chhetri & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher Tista Bridge High School Tista Bridge High School 31.7.2015 31.07.2015 2.Prerna Khati & Ors Gorkhaland Territorial Administration Council Assistant Teacher 52.
WPA/77/2026 Anju Khati Rmbi High School 08.7.2020 & Ors Gorkhaland Territorial Administration Council Indira Ojha Higher Secondary & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher Assistant Teacher School Indira Ojha Higher Secondary 1.Abinam Pradhan 03.8.2015 02.8.2015 01.06.2017 53.
WPA/79/2026 2.Ashim Subba 3.Sujata Pradhan School Indira Ojha Higher Secondary & Ors Gorkhaland Territorial Administration Council School & Ors Gorkhaland Territorial Administration Council Assistant Teacher 54.
WPA/86/2026 Bishan Sharma Rambi High School 10.3.2022 & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 55.
WPA/111/2026 1.Pramod Kharaka & Ors Gorkhaland Territorial Administration Council Mahanadi High School Mahanadi High School 21.3.2017 21.3.2017 2.Binit Pradhan & Ors Gorkhaland Territorial Administration Council Assistant Teacher Rimbick Higher Secondary 56.
WPA/112/2026 Pemlamu Sherpa School 21.10.2019 & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council Mithaidara Renuka Kanya uchcha Vidyalaya Mithaidara Renuka Kanya Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher 1.Krity Chaulia 2.Diksha Pradham
3. Mridula Sharma 21.4.2017 13.3.2017 30.3.2017 21.4.2017 & Ors Gorkhaland Territorial Administration Council uchcha Vidyalaya Mithaidara Renuka Kanya 57.
WPA/115/2026
4. Anupa Singh uchcha Vidyalaya Mithaidara Renuka Kanya & Ors Gorkhaland Territorial Administration Council uchcha Vidyalaya & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council Latpanchar Higher Secondary School Latpanchar Higher Secondary Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher 1.Aisha Rai 2.Kewal Subba & Ors Gorkhaland Territorial Administration Council 10.09.2017 15.02.2021 10.09.2017 10.09.2017 10.09.2017 School Latpanchar Higher Secondary 58.
WPA/117/2026 3.Pranesh Rai
4. Uma Sharpa
5. Hiralal Darjee School Latpanchar Higher Secondary & Ors Gorkhaland Territorial Administration Council School Latpanchar Higher Secondary & Ors Gorkhaland Territorial Administration Council School & Ors
Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council 1.Mahendra Saraswati Higher Secondary Tamang 2.Prayash & Or Gorkhaland Territorial Administration Council School Saraswati Higher Secondary Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher 15.6.2015 10.03.2020 14.10.2019 14.10.2019 15.06.2015 14.10.2019 Yonzone 3.Rubi Thapa School Saraswati Higher Secondary & Ors s Gorkhaland Territorial Administration Council 59.
WPA/120/2026
4. Chandra Prakash Rai
5. Swastika School Saraswati Higher Secondary & Ors Gorkhaland Territorial Administration Council School Saraswati Higher Secondary School Saraswati Gurung
6. Mishal Rai Higher Secondary School & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council 60.
WPA/2660/2025 Rubina Pradhan Primary Teacher and Ors and Ors Gorkhaland Territorial Administration Council Sitaram Goyal Memorial Assistant Teacher Assistant Teacher 61.
WPA/2661/2025 1.Rajani Rai 2.Sweta Rai and Ors Gorkhaland Territorial Administration Council Junior High School Sitaram Goyal Memorial 01.3.2017 01.3.2017 Junior High School and Ors Gorkhaland Territorial Administration Council Assistant Teacher Rabindranath Higher 62.
WPA/2662/2025 Anjali Rai Secondary School 01.6.2011 and Ors Gorkhaland Territorial Administration Council Assistant Teacher Munsong Higher Seconday 63.
WPA/2663/2025 Neetu Rai School 14.5.2018 and Ors Gorkhaland Territorial Administration Council Assistant Teacher 64.
WPA/2664/2025 Denju Sherpa Tindharia High School 07.9.2018 and Ors Gorkhaland Territorial Administration Council Non- Teaching Staff 65.
WPA/2665/2025 Tapasi Mallick Nag Rajeswari Girls High School 08.6.2016 and Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 66.
WPA/2668/2025 1.Pittam Mohra 2.Langma Subba and Ors Gorkhaland Territorial Administration Council Daragaon High School Daragaon High School 19.02.2020 22.02.2023 and Ors Gorkhaland Territorial Administration Council 67.
WPA/2670/2025 Shashi Kala Assistant Teacher Suruk Mondodari High School 09.8.2016 Tamang and Ors Gorkhaland Territorial Administration Council 68.
WPA/2670/2025 Suk Tshering Assistant Teacher Gitdabling High Secondary School 02.7.2016 Lepcha and Ors The State of West Mirik Higher Secondary Assistant Teacher Assistant Teacher 69.
WPA/2671/2025 1.Jaideep Khati 2.Sushma Mukhia Bengal and Ors The State of West School Mirik Higher Secondary 31.7.2017 27.04.2018 Bengal and Ors School The State of West Assistant Teacher Assistant Teacher Assistant Teacher 25.2.2019 25.2.2019 25.2.2019 Bengal and Ors The State of West 1.Bishal Thami
2. Anuka Chhetri Lower Harsing Jr. High School Lower Harsing Jr. High School Lower Harsing Jr. High School 70.
WPA/2674/2025 Bengal and Ors The State of West
3. Supriya Rai Bengal and Ors Gorkhaland Territorial Administration Council 1.Anit Rai
2. Prashanti Assistant Teacher Assistant Teacher and Ors Gorkhaland Territorial Administration Council Dalapchand High School Dalapchand High School 25.10.2017 25.10.2017 71.
WPA/2676/2025 Pradhan and Ors
The State of West Indira Ojha Higher Secondary 1.Anibam Pradhan Assistant Teacher Assistant Teacher Bengal and Ors The State of West School Indira Ojha Higher Secondary 03.8.2015 02.8.2015 72.
WPA/2677/2025 2.Ashim Subba Bengal and Ors School 73.
WPA/2678/2025 Yogendra Sharma The State of West Assistant Teacher Barbot High School Bengal and Ors Gorkhaland Territorial Administration Council Algarah Higher Secondary Assistant Teacher Assistant Teacher 74.
WPA/2679/2025 1.Reshma Rai
2. Nirnay Tamang and Ors Gorkhaland Territorial Administration Council School Algarah Higher Secondary 14.02.2022 14.02.2022 School and Ors 75.
WPA/2680/2025 Prabisha Chhetri The State of West Assistant Teacher Sri Satya Sai Ratna High School 01.4.2015 (Thami) Bengal and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council 1.Ajit Chhetri 2.Rajesh Chettri Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School Kumudini Homes H.S. School 17.2.2017 15.4.2015 01.11.2017 3.Nischal Dahal and Ors Gorkhaland Territorial Administration Council
4. Niharika 76.
WPA/2681/2025 Poudyal
5. Thinley Choden 01.3.2017 17.08.2018 and Ors Gorkhaland Territorial Administration Council Bhutia
6. Suman Khawas
7. Dilmith Lepcha Assistant Teacher 02.5.2023 15.11.2017 and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council and Ors Gorkhaland Territorial Administration Council 1.Pawan Rai 2.Deepankar Assistant Teacher Assistant Teacher and Ors Gorkhaland Territorial Administration Council Gorubathan High School 17.7.2018 08.8.2023 77.
WPA/2682/2025 Pradhan and Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 78.
WPA/2683/2025 1.Prabit Pradhan and Ors Gorkhaland Territorial Administration Council Kumai H.S. School Kumai H.S. School 04.9.2018 16.02.2019 2.Lawarence Rai and Ors Gorkhaland Territorial Administration Council Assistant Teacher 79.
WPA/2685/2025 Rishi Raj Thapa Pankhabari H.S. School 20.7.2016 and Ors Gorkhaland Territorial Administration Council Assistant Teacher Raj Rajeswari Girls High 80.
WPA/2686/2025 1.Asha Tamang 2.Lakshya Dewan and Ors Gorkhaland Territorial Administration Council Assistant Teacher School Raj Rajeswari Girls High 01.7.2018 01.4.2006 School and Ors Gorkhaland Territorial Administration Council Mithaidara Renuka Kanya 1.Krity Chaulia 2.Anupa Singh Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Uchcha Vidyalaya Mithaidara Renuka Kanya 14.4.2017 21.4.2017 21.4.2017 13.3.2017 30.3.2017 19.02.2022 & Ors
3. Dibyaswari Gorkhaland Territorial Administration Council Uchcha Vidyalaya Mithaidara Renuka Kanya Gazmer
4. Diksha Pradhan 5.Mridula Sharma 81.
WPA/2688/2025 Uchcha Vidyalaya Mithaidara Renuka Kanya & Ors
6. Gopika Gorkhaland Territorial Uchcha Vidyalaya Mithaidara Renuka Kanya Brahman
Administration Council Uchcha Vidyalaya Mithaidara Renuka Kanya & Ors Gorkhaland Territorial Administration Council Uchcha Vidyalaya & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council 82.
WPA/2689/2025 Pasang Lamu Assistant Teacher Lava High School 21.2.2011 Bhutia & Ors Gorkhaland Territorial Administration Council Assistant Teacher 83.
WPA/2691/2025 Raj Rai Chisang High School 18.02.2021 & Ors Gorkhaland Territorial Administration Council 1.Pratima Sewa & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher Chandramaya High School Chandramaya High School 17.11.2024 13.03.2015 84.
WPA/2692/2025 Pariyar
2. Sudip Kafley & Ors Gorkhaland Territorial Administration Council Risheehat Higher Secondary 1.Bimal Biswakarma 2.Rewas Rai & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher School Risheehat Higher Secondary 24.3.2015 24.3.2015 85.
WPA/2696/2025 School & Ors Gorkhaland Territorial Administration Council 86.
WPA/2699/2025 Sebi Thapa @ Non-Teaching Staff Sukna High School 15.2.2018 Sharma & Ors Gorkhaland Territorial Administration Council Assistant Teacher Kagay Higher Secondary 87.
WPA/2701/2025 Namrata Rai School 04.1.2024 & Ors Gorkhaland Territorial Administration Council Assistant Teacher Indo-Trbetan Higher 88.
WPA/2703/2025 Dipu Moktan Secondary School 01/7/2015 & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council 1.Arati Chettri 2.Sarana Chhetri Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Ramlal Dahal High School Ramlal Dahal High School Ramlal Dahal High School Ramlal Dahal High School 02.4.2018 02.4.2018 03.04.2018 16.02.2015 & Ors Gorkhaland Territorial Administration Council 89.
WPA/2705/2025 3.Archana Rai 4.Sudershan Rai & Ors Gorkhaland Territorial Administration Council & Ors State of West Bengal Pokhira Bong Higher and Ors State of West Bengal Secondary School Pokhira Bong Higher 1.Keshika Chhetri Assistant Teacher Assistant Teacher Assistant Teacher 01.4.2016 01.4.2016 01.4.2016 90.
WPA/2706/2025 2.Pravakar Rai 3.Kaushal Chhetri and Ors State of West Bengal Secondary School Pokhira Bong Higher and Ors Secondary School Gorkhaland Territorial Administration Council 91.
WPA/2710/2025 Pema Choden Assistant Teacher Rangbull High School 22.08.2015 Sherpa & Ors Gorkhaland Territorial Administration Council Assistant Teacher Rangbhang Higher Secondary 92.
WPA/2738/2025 Pranay Rana School 16.2.2016 & Ors
Gorkhaland Territorial Administration Council Assistant Teacher Moonda Kotee T.E High 93.
WPA/2739/2025 Pratik Pradhan School 02.3.2016 & Ors Gorkhaland Territorial Administration Council Assistant Teacher Pushparani Roy Memorial 94.
WPA/2740/2025 Swechha Karki High School 03.4.2019 & Ors Gorkhaland Territorial Administration Council Radhakrishna Higher Secondary School Radhakrishna Higher 95.
WPA/2741/2025 1.Prabin Rai 2.Reena Tamang & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher 27.06.2014 08.08.2014 Secondary School & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council Assistant Teacher Assistant Teacher Assistant Teacher 1.Benoy Tamang 2.Birshika Sharma
3. Rubina Pradhan St. Xavier's H.S. School St. Xavier's H.S. School St. Xavier's H.S. School 16.3.2015 17.02.2020 01.11.2017 96.
WPA/2743/2025 & Ors Gorkhaland Territorial Administration Council & Ors Gorkhaland Territorial Administration Council 97.
WPA/2746/2025 Pukar Chettri Assistant Teacher Margaret's Hope High School 14.3.2016 & Ors 98.
WPA/2753/2025 Sundar Rai and State of West Bengal and Ors Primary Teacher Ors Gorkhaland Territorial Administration Council 99.
WPA/39/2026 Vanee Rai and Ors Primary Teacher & Ors Gorkhaland Territorial Administration Council Non-Teaching Staff Gairibas Higher Secondary 100.
WPA/40/2026 Biswas Tamang School 27.3.2017 & Ors 101.
WPA/2558/2025 Pallavi Gurung State of West Bengal & Ors Primary Teacher 102.
WPA/2558/2025 Purnima Yonjon State of West Bengal & Ors Assistant Teacher Munsong Higher Secondary 18.02.2013 (Tamang) 103.
WPA/2559/2025 Bandana Pradhan State of West Bengal & Ors Assistant Teacher Dooteriah High School 03.3.2014 State of West Bengal & Assistant Teacher Assistant Teacher 104.
WPA/2560/2025 1.Nileema Rumba Ors State of West Bengal & Simkuna Sai H.S. School Simkuna Sai H.S. School 01.7.2014 01.3.2019 2.Darsan Tamang Ors 105.
WPA/2561/2025 Kelsang Choden State of West Bengal & Ors Assistant Teacher Indo Tibetan H.S. school 01.7.2015 Bhutia 106.
WPA/2562/2025 Buddha Subba State of West Bengal & Ors Assistant Teacher Barbot High School 02.9.2023 Rubina Pradhan Thapa @ Rubina State of West Bengal & 107.
WPA/2563/2025 Ors Assistant Teacher St. Xavier's H.S. School 01.11.2017 Pradhan 108.
WPA/2564/2025 Reshma Rai State of West Bengal & Ors Assistant Teacher Algarah Higher Secondary School 14.2.2022 109.
WPA/2572/2025 Anora Leezer State of West Bengal & Ors Assistant Teacher Chisang High School 01.07.2019 Lepcha 110.
WPA/2582/2025 Chandra Bahadur State of West Bengal & Ors Para- Teacher Bhujel & Ors
111.
WPA/2583/2025 Anil Kumar Rai State of West Bengal & Ors Assistant Teacher Sonada Higher Secondary school 09.3.2014 State of West Bengal & Judhabir Higher Secondary Ors State of West Bengal & School Judhabir Higher Secondary 1.Sagar Pradhan Non- Teaching Staff Non- Teaching Staff Non- Teaching Staff Non- Teaching Staff 27.02.2015 27.02.2015
2. Ajit Gurung 3.Bhuwan Sarki Ors State of West Bengal & School Judhabir Higher Secondary 112.
WPA/2585/2025 01.4.2016 04.04.2016 4.Jiwan Lama Ors State of West Bengal & School Judhabir Higher Secondary Ors School 113.
WPA/2586/2025 Nirnay Tamang State of West Bengal & Ors Assistant Teacher Algarah Higher Secondary School 02.5.2017 114.
WPA/2587/2025 Vanee Rai & Anr State of West Bengal & Ors Primary Teacher 115.
WPA/2588/2025 Meera Chhetri State of West Bengal & Ors Assistant Teacher Bhanu High School 14.9.2018 116.
WPA/2589/2025 Regen Yonzon State of West Bengal & Ors Assistant Teacher Thurbo H.S. School 13.4.2015 117.
WPA/2591/2025 Sancha Thapa State of West Bengal Assistant Teacher Panchabatti H.S. school 25.03.2022 State of West Bengal & Ors State of West Bengal & Ors State of West Bengal & 1.Chanda Khawas Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher 20.09.2013 2.sarina singh
3. Babita Tamang Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Shantirani H.s School Ors State of West Bengal & 14.7.2014 22.5.2015 22.5.2015 22.5.2015 27.3.2017 27.3.2017 15.09.2017
4. Sonia Chhetri
5. Bindiya Gurung Ors State of West Bengal & 118.
WPA/2592/2025
6. Sunaina Ors State of West Bengal & Pradhan 7.Binoy Giri
8. Ajay Gurung Ors State of West Bengal & 15.9.2017 9.Abhisheka Ors State of West Bengal & Pradhan Ors State of West Bengal & Ors 119.
WPA/2593/2025 Sushmita Gurung State of West Bengal & Ors Primary Teacher & Anr 120.
WPA/2596/2025 Milan Limbu State of West Bengal & Ors Assistant Teacher Goke High School 15.9.2015 121.
WPA/2598/2025 Pooja Gurung State of West Bengal & Ors Assistant Teacher Siksha Sangh H.S. School 09.8.2017 State of West Bengal & 1.Anju Chettri Ors State of West Bengal & Assistant Teacher Assistant Teacher Assistant Teacher Barbot High School Barbot High School Barbot High School 08.9.2015 08.08.2016 04.08.2016 2.Yogendra 122.
WPA/2600/2025 Sharma
3. Buddha Subba Ors State of West Bengal & Ors 1.Dipam Chhetri 2.Rakesh Chhetri 3.Om Prakaah Rai Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher Gairibas H.S.School Gairibas H.S.School Gairibas H.S.School Gairibas H.S.School 06.10.2018 08.10.2018 12.05.2023 12.05.2023 State of West Bengal & 123.
WPA/2601/2025 Ors 4.Prabin Chhetri 124.
WPA/2602/2025 Bhupen Pradhan State of West Bengal & Ors Assistant Teacher Ramlal Dahal High School 03.4.2017
The State of West Bengal and Ors The State of West Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher 1.Ashish Moktan Geill High School Geill High School Geill High School Geill High School 22.10.2016 07.04.2014 20.09.2016 27.11.2017 2.Lawag Chettri 3.Nayan Tamang
4. Prerna Tamang Bengal and Ors The State of West 125.
WPA/245/2026 Bengal and Ors The State of West Bengal and Ors The State of West 1.Diwash Tamang Assistant Teacher Assistant Teacher Bengal and Ors The State of West Tinglam Uday High School Tinglam Uday High School 21.11.2017 21.11.2017 126.
WPA/257/2025
2. Rakshana Pradhan Bengal and Ors The State of West Murmah Premsundar High 1.Sarnim Gurung Bengal and Ors The State of West Assistant Teacher Assistant Teacher Assistant Teacher School Murmah Premsundar High 03.9.2015 15.09.2015 18.08.2017 2.Bisham Rai
3. Surya Dikcha 127.
WPA/265/2025 Bengal and Ors The State of West School Murmah Premsundar High Tamang Bengal and Ors School The State of West Bengal and Ors The State of West Assistant Teacher Assistant Teacher Assistant Teacher Assistant Teacher 1.Seyon Lepcha Chongtong H.S. school Chongtong H.S. school Chongtong H.S. school Chongtong H.S. school 08.5.2015 08.5.2015 18.11.2016 18.11.2016 2.Satish Lama
3. Sudarshan Rai Bengal and Ors The State of West 128.
WPA/275/2025
4. Banera Rai Bengal and Ors The State of West Bengal and Ors 1.Piyasha Priyabeshini The State of West Mirik Higher Secondary Assistant Teacher Assistant Teacher Bengal and Ors The State of West School Mirik Higher Secondary 08.3.2016 07.03.2016 129.
WPA/2263/2025 Gurung 2.Pravakar Lama Bengal and Ors School The State of West Assistant Teacher Assistant Teacher 130.
WPA/2265/2025 1.Leyam Tamang Bengal and Ors The State of West Mary bong H.S. School Mary bong H.S. School 01.7.2015 01.12.2013 2.Roshni Thapa Bengal and Ors 131.
WPA/2266/2025 Mahendra The State of West Assistant Teacher Agamsing Girls High School 05.06.2017 Pradhan Bengal and Ors The State of West Assistant Teacher Assistant Teacher 132.
WPA/2267/2025 1.Pragati Tamang 2.Sreejana Gurung Bengal and Ors The State of West Rangbull High School Rangbull High School 04.9.2019 04.9.2019 Bengal and Ors Filed By Respondent G.T.A Supriya Singh ( Advocate)
4. It may be noted that apart from the category of Assistant Teachers, some non-teaching staff have also applied as petitioners. Mr. Bari, learned Advocate appears for the petitioners.
5. Considering the fact that this Court is considering the batch of petitions qua the Assistant Teachers, this Court without deciding the cause of the petitioners who are non-teaching staff, grants leave to them to apply before the appropriate forum, if so advised, in separate proceeding(s).
6. The petitioners claim to have been rendering voluntary service in the respective schools continuously without any break since their respective appointments. According to the petitioners, the petitioners have been appointed in the post which were either lying vacant or has become vacant due to the death of permanent Assistant Teacher, or on their retirement.
7. It is also the petitioner's case that these schools where the petitioners had been appointed as Assistant Teachers are government aided schools. Though, the petitioners have requisite qualification for the post, the appointments of the petitioners are yet to be approved and/or regularized.
8. Mr. Bari, learned advocate appearing for a set of petitioners would argue that the West Bengal School Service Commission Act, 1997 (hereinafter referred to as "the 1997 Act") for appointment of teaching and non-teaching staff in hill region has been suspended and as such no appointment is being made on the basis of the recommendations made by the School Service Commission in hill region except for only one occasion which had occurred during 1998-99. He would submit that in
terms of the provisions contained in Gorkhaland Territorial Administration Act, 2011 (hereinafter referred to as the "said Act") and in terms of Section 26 thereof, the Gorkhaland Territorial Administration (GTA) has the administrative, financial and executive powers in the region in relation to school education including the Primary Education, Secondary Education, Higher Secondary Education (including vocational training); Physical Education; Government Schools. It is stated subsequent to suspension of application of 1997 Act. in respect of Darjeeling Gorkha Hill Council (DGHC), the District Inspector of Schools, DGHC was directed by a memo dated 16th September, 2010 to follow the usual procedure for appointment of non-teaching staff in secondary school under DGHC till the constitution of School Service Commission in hill area. Copy of the aforesaid memo as placed by Mr. Bari in Court is taken on record.
9. Mr. Bari would submit that following the above procedure, the petitioners had been appointed as assistant teachers. There is no irregularity in the appointment. Independent of the above, it is submitted that the issue of regularization of voluntary teachers fell for consideration before this Court in several matters. Incidentally, in the case of Ajay Kumar Kharka in WPA 727 of 2023 a direction issued by the learned Single Judge for regularization of the teachers had travelled upto the Hon'ble
Division Bench of this Court. The Division Bench of this Court in the case of Gorkhaland Territorial Administration and Anr. v. Ajay Kumar Kharka in MAT 203 of 2023 by a judgment dated 13th September, 2024 reported in 2024 CHN JP 213(DB) by relying on the judgment delivered in the case of Gorkhaland Territorial Administration & Ors. v. Thinley Bhutia & Ors., in MAT 170 of 2023 which dealt with the authority of the government to intervene in the process of permanently appointing non-teaching staff and/or grant of approval was, inter alia, please to return a finding that the principle espoused in the decision delivered in the case of Thinley Bhutia & Ors.
(supra), are also to be applied in respect of the writ petitioners as assistant teacher appointed on temporary basis in the government aided schools during the subsistence of vacancies in the permanent sanctioned post otherwise the equality enshrined in Article 14 of the Constitution of India will be seriously infringed and accordingly, by noting in the said case that the writ petitioner was appointed temporarily against the vacancy of the permanent post in Government aided school held no official sanction or approval from the State Government is necessary and had accordingly dismissed the appeal thereby affirming the order passed by the learned Single Judge.
10. Mr. Bari, has also placed reliance on the judgment delivered in the case of Kishan Rai & Ors. v. Gorkhaland Territorial Administration Council, Lalkuthi & Ors., by a Co-ordinate Bench of this Court reported in 2024 Supreme (Online) (Cal) 4680, and the case of State of Uttar Pradesh & Ors. V. Avind Kumar Srivastava & Ors., reported in (2015) 1 SCC 347 to inter alia, contend that when a particular set of employees is given relief by a Court all other identically situated person under it need to be fitted alike by extending such benefit. If any contrary principle is applied the same would tantamount to violation of Article 14 of the Constitution of India. By relying on the above judgment in the said case of Kishan Rai & Ors.
(supra) as well the Court had directed regularization of the petitioners who had already been appointed by the Managing Committee of the school in the respective sanctioned posts. He has also placed reliance on the judgment delivered by the Hon'ble Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi & Ors., reported in (2017) 16 SCC 680 on the concept of binding precedent. As such in the facts of the case since the petitioners who are the teachers and are similarly placed, should also be extended the similar benefit of regularization.
11. Ms. Singh, learned advocate appears on behalf of the GTA. She has, by relying on the affidavit-in-opposition, claimed that it is
within the competence of the GTA to approve the appointments having regard to the provisions contained in Section 26 of the said Act, however, subject to the condition that the vacant posts are to be filled up with the concurrence of the State Government. She also pointed out that in respect of according approval to the appointment of 313 assistant teachers, a writ petition was filed before this Hon'ble High Court challenging the approval already granted by the GTA and the State, on the ground that the appointments have been made without following the provisions of 1997 Act. Although, an interim order of stay was granted in relation to 313 assistant teachers who had been approved, the Hon'ble Division Bench of this Court by an interim order dated 24th December, 2025 in MAT 107 of 2025, after considering the submissions of all the parties while inviting exchange of affidavits had stayed the operation of the order for a limited period. She would also add that the said interim order passed by the Hon'ble Division Bench of this Court is still in force.
12. While responding to a query from the Court as to whether any steps had been taken pursuant to the order dated 12th November, 2024 passed by the co-ordinate bench of this Court in the case of Kishan Rai & Ors. (supra) directing regularization of service of teaching staff, Ms. Singh has placed before this Court a memo dated 20th November, 2025 issued by
the Executive Director, Education Department, GTA- Darjeeling which would demonstrate that in terms of the direction issued by the Coordinate Bench of this Court on 12th November, 2024 in Kishan Rai & Ors. (supra), five several persons have been issued approval and the appointments have already been made from the date noted in such memo. Ms. Singh has also placed before this Court an additional report dated 8th April, 2026 to highlight the procedure followed by GTA for verification of eligibility of the assistant teachers who are considered for being approved for appointment. Let such report filed in Court be taken on record.
13. Mr. Choudhury, learned Additional Advocate General has appeared and assisted this Court. He has placed before this Court diverse facts and figures, inter alia, including the total number of recommendations made so far by the GTA and the approval granted by the State. He has also drawn attention of this Court to the aforesaid facts and figures and submitted that GTA in all had initially made recommendation for regularization of assistant teachers.
Subsequently, a further recommendation was made in respect of 357 assistant teachers. These persons, according to the learned Additional Advocate General are already in employment in different schools. According to him, 439 assistant teachers have already been granted approval by the State upon obtaining necessary
concurrence from the finance department. Insofar as 313 out of 357 assistant teachers are concerned in principle the approval was granted. Though the State decided that their service shall be regularized, till date no approval has been granted from the State in absence of the concurrence from the finance department. While responding to a query from the Court he submits that considering the reservation policy, a hundred-point roster is ordinarily maintained in respect of the appointment to be made by the State. As such, in the instant case, the same should also be followed. He has also drawn attention of this Court to the interim order passed by the Coordinate Bench of this Court in WPA of 2023(Jashimuddin Mondal & Ors. v. The State of West Bengal & Ors.) along with WPA 1162 of 2025 (Trained Unemployed Youths Welfare Organisation & Anr.
v. The State of West Bengal & Ors.) He has also drawn attention of this Court to the memo issued by the Executive Director, Education Department dated 25th June, 2018, where under all administrative heads of the secondary level schools under GTA and the Headmistress/Headmaster/Head Teachers of all secondary, primary and upper primary level of schools under the GTA were notified that no engagement of voluntary teacher in schools in GTA should be made.
scrutiny it had come to the notice of the authority that in many cases the candidates who did not possess requisite qualification are engaged whimsically and in violation of the order dated 30th July, 2010 issued by the DGHC.
14. Mr. Choudhury, has also drawn attention of this Court to the notification dated 2nd March, 2016 whereby the West Bengal primary School Teacher Recruitment Rules had been published, though these matters do not concern the Primary School Teachers.
15. Mr. Goswami, learned advocate appears for certain other sets of petitioners who are also similarly placed, and adopts the submissions made by Mr. Bari. He also placed reliance on the judgments delivered by a Coordinate Bench of this Court in WPA 299 of 2023 (Siddanth Rai & Ors. v. Gorkhaland Territorial Administration Council & Ors.) on 7th February, 2023 and WPA 316 of 2023 (Wangal Lepcha & Ors. v. The State of West Bengal & Ors.) passed on the same date as also the judgment delivered in the case of Balkrishna Limbu v. Gorkhaland Territorial Administration Council & Ors., reported in 2025 SCC OnLine Cal 1080. He submits in all the matters the parties have accepted the order and no appeal has been preferred.
16. Having heard the learned advocate appearing for the respective parties, I find several petitioners who have been appointed by
the Managing Committee of the respective schools noted against their names in a list which has already been extracted hereinabove. It is not in dispute that the provisions of the said 1997 Act have remained suspended in the hill region. The aforesaid fact would corroborate from the memo dated 5th September, 2003 issued by School Education Department (Secondary Education), Government of West Bengal. It is also not in dispute that in the hill region several schools have been running with voluntary teachers appointed by the managing committee now for nearly two decades. It is also not in dispute that previously on the basis of orders passed by this Court from time to time several similarly placed petitioners have been accorded approval who had been appointed on temporary basis against a permanent sanctioned post.
This fact would also corroborate from the excerpts of the resolution taken by the GTA in its Executive Sabha Meeting held on 3rd November, 2023. In such meeting the issue of voluntary teachers was also taken up. To moreully appreciate the above, the said memo as placed before this Court by Ms. Singh is extracted herein below: "Issue of voluntary teachers engaged in Higher Secondary Schools in the GTA area was raised by Sri Sanchabir Subba, Hon'ble Deputy Chief Executive. The matter of Teacher-In-Charges working in the different schools were raised before the House.
After careful deliberation it was resolved that since no posts of Headmasters/Headmistress has been made in the GTA area for many years due to the nonformation of Regional School Service Commission, many teachers are working as TICs for many years, now, the matter shall be taken up with the Department of School Education, Government of West Bengal so that those eligible for becoming Headmaster/Headmistress as per specified qualification are designated as Headmaster/Headmistress for the time being without any financial benefit, and once Regional SSC is formed for the GTA area, their case may be considered sympathetically.
The process of recruitment to the posts of teachers in schools in the GTA area has been stalled for a long time due to non-formation of regional SSC. In this scenario, local educated youths having the requisite criteria to become teachers have been rendering voluntary service in the schools. They have devoted much of their time and energy to this cause without which many of the schools could not have functioned at all. It has been unanimously resolved by the Executive Sabha that:
The issue of recruitment of voluntary teachers will be taken up immediately after formation of recruitment rules of teachers;
Recruitment of voluntary teachers will be taken up against the sanctioned vacancies and fulfilment of subject criteria;
The Executive Sabha also acknowledged that fact that those genuine voluntary teachers have worked for a pretty long time without getting any remuneration, so it was also resolved that their cases would be considered sympathetically on humanitarian ground after formation of recruitment board, and process of new recruitment shall be initiated only after that The following agenda points pertaining to the Finance Department were moved by the Chief Controller of Finance, GTA.
In the year 2002, the office of the District School Board Darjeeling. During the tenure of Darjeeling Gorkha Hill Councill conducted an interview for the primary teachers as per west Bengal primary school teachers recruitment rule 2001 within DGHC now GTA areas then the requisite qualification for the recruitment of primary teachers was school final (madhyamik passed) or its equivalent under the west Bengal Board of secondary education with one year BT training but it was very unfortunate that the whole procedure of appointment could not be completed in the stipulated period due to political disturbances within the hill reason.
It is pertinent to be mentioned here that after the settlement of GTA, District School Board Darjeeling got an approval vide memo no 190-SE(EE)/9B-21/2012 dt.3/7/2012 (copy enclosed) of V. Sen Principle Secretary to the Govt. of west Bengal approval of recruiting primary teachers from the panel of incumbents of 2002 had been approved and later
memo no 355-SSE/13.4A-47P-2013 dtd 6/6/2013 (copy enclosed) of secretary to the Govt. of west Bengal school education dept. Kolkata primary teachers in Category "A" and category "B" as per their professional (one year B.T) and academic qualification (madhyamik) or its equivalent at the time of interview they were appointed as a primary teachers under District School Board Darjeeling GTA memo no 391(1A-13 dt. 13/2/2013 (copy enclosed) on the basis of west Bengal primary teachers recruitment Rule 2001.
As a result of that and now ultimately tremendous difficulties has been created in relation to pension case of those teachers whose age is/are crossed 45 years and above on the other hand the teachers who were appointed in Category "A" and have one year B. T course certificate which has not been treated as valid certificate whereas the "A" category teachers have already been received the allowance of "A" category and now after their retirement the office of Uttar kanya is being refused to accept "A" category certificate and returning back all the documents to the office of DSB Darjeeling.
Due to which the retired teachers whose age was more than 45 years and above while at the time of joining in service they are being deprived from getting their retiring benefits as pension, gratuity and other benefits.
Many teachers are also being deprived from their retiral benefits because of not completion of ten years of their service tenure.
If we go through the G.O mentioned above in which categorically it has stated that" In the meantime School Education matter has been transferred to GTA as per provisions of section 26 under chapter || of the GTA Act. 2011 read with section (60) (1) of the said Act the Executive powers in relation to items of work Of DSB Darjeeling to GTA. It has further stated that GTA is the appropriate authority for according to approval 606 candidates to the post of primary teachers in the GTA".
In view of the above facts and circumstances, the District School Board (P.E) Darjeeling has the ample authority to settle the problems arises in DSB in relation to Condonation of age of the teachers who are being deprived from their pensionary benefits and also for cashless notional benefits with effect from 31/12/2005 but no arrear will be admissible. salary The Executive Sabha unanimously resolved that the enhancement of remuneration for Gaga Tshering College Sukhia employees in the same manner as Ghoom Jorebunglow College.
The House resolved to issue a corrigendum order accordingly."
17. I, however, notice as pointed out by the advocates for the parties that in respect of 313 voluntary teachers, an order was
passed by a co-ordinate Bench on 12th December, 2025 whereby such appointments were held to be illegal and following the same, the engagement of 313 voluntary teachers who had been regularized by Principal Secretary, School Education Department, Government of West Bengal was set aside and quashed. Incidentally, when a challenge to the above order came up for consideration before the Hon'ble Division Bench in appeal, in MAT 106 of 2025 (Sayal Mukhia & Anr. v. Jashimuddin Mondal & Ors.), with other matters, the Hon'ble Division Bench by noting the submissions of the parties including the stand taken by the learned Advocate General for the State in paragraph 12 of the order dated 24th December, 2025 was, inter alia, pleased to record and direct as follows:
"12. Indisputably prior to the appointment of the 313 voluntary teachers about 100 teachers similarly situated with them were granted appointment on the basis of the orders of Court and about 439 teachers were approved on the basis of a Cabinet decision. The validity of such appointment has also been questioned in the writ petitions. As the memo dated 8th March, 2019 containing a decision to regularize the appointment of 313 Voluntary teachers has been set aside, prima facie, the issue of maintainability of the writ petition and the issue of validity of the appointment of the other teachers may not survive
for any decision in the writ petitions kept pending. The judgment delivered would have a dissimilar impact upon the prior appointment and create an anomalous situation in future. The collation of facts put together prima facie, reveals that 313 voluntary teachers had already rendered a long period of service and the alleged irregularities in such appointment are bereft of malicious intent or corrupt practices. The learned single Judge appears to have been focused too rigidly on their initial terms of appointment ignoring the substantive reality of the prevailing political unrest and suspension of operation of 1997 Act."
18. The aforesaid order, according to the parties, is still subsisting. Although Ms. Singh, learned advocate has stated that in the light of the challenge already made, this Court should defer its consideration, I am of the view, simply because, a challenge to an approval is pending consideration at the instance of a third party, the same cannot stand in the way for this Court to consider the petitioners' cause which are pending consideration before this Court. As noted above, the challenge in the case of Jashimuddin Mondal & Ors. (supra) is yet to be finally adjudicated. The writ petition is also pending at the interim stage.
19. This apart, I find that the Division Bench of this Court in the case of Ajay Kumar Kharka (supra) in identical set of facts while taking note of the stand of the GTA that absorption in
permanent category cannot be done without the concurrence of the State Government, and while rejecting the challenge to grant of approval was, inter alia, pleased to observe as follows: "6. We have considered the rival submission of the learned counsels of the parties and also the decision of the Hon'ble Co-ordinate Bench in MAT 170 of 2023 wherein Section 26 of the GTA Act, 2011 and also the relevant notifications were taken into consideration. It is true that the present petitioner is an Assistant Teacher of a government aided school which is used to receive grants from the State Government from time to time. In this regard, the Hon'ble Co-ordinate Bench has been pleased to distinguish between government-run schools and government aided schools. The relevant paragraphs of 16 and 17 (MAT 170 of 2023) may be quoted herein below:- "16.
Having heard the learned counsel for the parties and perusal of the records this Court is of the opinion that the Learned Single Judge's directive for the relevant respondent authorities to approve the appointments of the petitioners/respondent по. 1-37, contingent upon the fulfilment of eligibility criteria and following established procedural protocol, is legally sound and reasonable. As the State Government lacks the authority to intervene in the process of permanently appointing non-teaching staff, and no official sanction or approval is mandated for government-aided educational institutions, unlike government-run schools.
government's concurrence for filling vacant posts, do not override the directive for verification and approval conducted by the relevant authorities.
17. Therefore, as the managing committee of each aided school is obligated to deposit, on a monthly basis, its contribution towards the remuneration and other mandated benefits with the Administrator.
The Administrator is then responsible for the disbursement, or ensuring the disbursement, of the salaries and allowances to the employees of the aided schools within the first week of each month. The managing committees of the respective schools herein respondents no. 41-65, in conjunction with the GTA, must recruit the qualified petitioners/respondent no. 1-37 in accordance with the criteria outlined in the Learned Single Judge's order."
7. We do not find any cogent reason to differ with the reasons given by the Hon'ble Co-ordinate Bench since, in our view, the principles as espoused in the said decision are also be applied in respect of the respondent/writ petitioner, an assistant teacher appointed on temporary basis in a government-aided school, during subsistence of vacancy in the permanent sanctioned post;
otherwise the equality clause as enshrined in Article 14 of our Constitution will be seriously infringed. We have no doubt that as the respondent/writ petitioner was appointed temporarily on the vacancy of permanent posts in a government aided school, no official sanction or approval from the State Government is necessary. In view of the above, we do not find any merits in
the present appeal. Accordingly, the same is dismissed. No order as to costs. The impugned judgment passed by the Learned Single Judge in WPA 727 of 2023 is hereby affirmed."
20. Records would reveal that in identical set of facts pursuant to the order passed in Kishan Rai & Ors. (supra), by memo dated 20th November, 2025 Assistant Teachers who had been appointed by the Managing Committee had been accorded approval. To morefuly appreciate the same, relevant memo is extracted herein below:
21. I find that in the instant case, the petitioners' claim to be working on temporary basis voluntary in sanctioned vacant post. The said stand of the petitioners is yet to be tested in a sense that final enquiry in this regard may be necessary for being undertaken by the GTA. However, having regard to the judgments delivered in Ajay Kumar Kharka (supra) and the judgments delivered by the Co-ordinate Bench in the case of Kishan Rai & Ors. (supra), Siddanth Rai & Ors. (supra), Wangal Lepcha & Ors. (supra), in my view, the respondents having regularized the appointment of other similarly placed candidates such benefit cannot be denied to the petitioners, if on scrutiny, it appears that the petitioners are similarly placed.
not been filled up shall be filled up in accordance with the procedure and guidelines already available against such subject wise vacancies in terms of the observations made in the case of Kishan Rai & Ors. (supra).
22. The above exercise must be completed by the concerned respondents on an expeditious basis preferably, within a period of 16 weeks from the date of communication of this order.
23. With the above observations and directions, the writ petition is disposed of.
24. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Raja Basu Chowdhury, J.)