M/L. 291. August 04, 2025. KAUSHIK. WPA No. 6218 of 2023 Abhijit Ghorai Vs. The State of West Bengal and Others Mr. Rudranil De Mr. Soumo Charan … for the petitioner. Mr. Sanjib Das Mr. Ujjwal Kumar Dinda … for the respondent no. 5. Ms. Koyeli Bhattacharyya … for the WBBSE. Mr. Bhaskar Prasad Vaisya … for the State. 1. Petitioner was an approved teacher w.e.f. 16th March, 2006 in Shibpur Sikshalaya, Howrah (hereinafter referred to as 1st school). Petitioner while working as an Assistant Teacher of 1st school did not attend the school from 26th January, 2016 to 2nd February, 2017 for undergoing post doctoral program. Petitioner on completion of said program joined 1st school on 3rd February, 2017. It is submitted by the learned advocate representing the petitioner since there were no students in the 1st school 2 concerned respondent authorities has decided to abolish the school and shift the teaching and non-teaching staffs to other schools. Accordingly, petitioner was transferred to Satashi High School, Howrah (hereinafter referred to as 2nd school) vide memo dated 1st December, 2021 issued by the President of West Bengal Board of Secondary Education. At present, petitioner is working in 2nd school but the period from 26th January, 2016 to 2nd February, 2017 was treated as break in service as a result whereof pay of the petitioner in second school has been fixed accordingly as contended on behalf of the petitioners. Petitioner prays for regularization of said period which would permit the second school authority to fix his pay taking note of his date of appointment on 16th March, 2006. It is also contended said period may be regularized without pay by sanctioning leave. 2. State respondents, Board and 2nd school authority are represented by learned advocates. 3 3. It is submitted on behalf of Board since petitioner did not attend the said period while working in 1st school, it was incumbent upon the 1st school authority to take necessary steps for regularizing the period. However, such submission needs to be considered in the context that 1st school is not at present functioning and same has been abolished. Teaching and non-teaching staffs of 1st school were transferred to other schools. Therefore, at this stage, 1st school authority cannot be directed to take decision relating to this period from 26th January, 2016 to 2nd February, 2017. 4. In view of aforesaid situation, this Court finds it apt to grant liberty to the petitioner to make a representation to the President of Board being respondent no. 4 by fortnight from date seeking regularization of the said period from 26th January, 2016 to 2nd February, 2017. If such representation is made within the aforesaid period to the respondent no. 4, same shall be decided by the respondent no. 4 within a period of eight weeks thereafter on 4 granting opportunity of hearing to the petitioner and District Inspector of Schools (SE), Howrah or his representative. Respondent no. 4 is directed to pass a reasoned order which shall be communicated to the petitioner by ten days thereafter. 5. Writ petition stands disposed of. 6. Urgent Xerox certified copy of this order be given to the parties expeditiously, if applied for, on usual undertakings. (Saugata Bhattacharyya, J.)