03.07.2026 Sl. No.10 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 14125 of 2026 Mamata Ghosh Versus The State of West Bengal & Ors. Mr. Samiran Mandal Mr. Nitish Samanta Ms. Shreyashree Mitra …for the Petitioner. Mr. Sarwar Jahan, Ms. Mousumi Mitra, Ms. Sahina Parvin …for the Mission Director. Mr. Brijendra Pratap Singh Mr. Asit Kumar De … for the State 1. Affidavit-of-service filed on behalf of the petitioners is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to change option of retirement from 60 to 65 years after considering her representation dated 20th April, 2026 (Annexure P3) within a specified period. 3. The petitioner contends that she is working as Samprasarak at Thakurbari Nibhamani Devi MSK under Onda Block, District Bankura since 2009 satisfactorily. In terms of Notification No.979- ES/EE/10M-164/19 dated 18th December, 2019 of School Education Department, Government of West Bengal, the petitioner submitted her basic data required 2 for the contractual service of 60 years by opting as SSK teachers for the inclusion of the EPF before the authority concerned. By a circular dated 14th January, 2020, the School Education Department issued a clarification in respect of Sahayika and thereafter Mission Director passed an order regarding terminal benefits to Sahayika irrespective of service age of 60/65 years. The petitioner thereafter decided to change her option from 60 to 65 years and filed application dated 20th April, 2026. However, no steps have been taken. Hence, this writ petition. 4. Mr. Samiran Mandal, learned Advocate appearing for the petitioner submits that since the petitioner has not got the benefit as per the Scheme issued by the Government of West Bengal vide its notification dated 20th December, 2019, the petitioner intends to revert back to her original employment as Sahayika. In a similar situation, a Coordinate Bench of this Hon’ble Court has passed orders in WPA 4239 of 2024 (Dilip Singha @ Dilip Kumar Singha versus The State of West Bengal & Anr.). 5. Ms. Mousumi Mitra, learned advocate for the respondent-Mission Director leaves the matter to the discretion of the Court. 6. It is not in dispute that the petitioner is similarly circumstanced as of the petitioner in WPA 4239 of 2024. In the said writ petition, following direction was issued: “In view of aforesaid discussions the writ petition stands allowed directing the concerned State authorities including PBRSSM authority to treat the petitioner as 3 Samprasarak/Samprasarika and the option which petitioner has exercised shall be treated as cancelled. It is also clarified that in future petitioner cannot claim the benefits as para teacher.” 7. Further in Md. Quaish Ajmal versus The State of West Bengal & Anr. (In re: WPA 13660 of 2025) a Co-ordinate Bench of this Court observed as follows: “Therefore, this Count finds it apt to grant identical relief to the petitioner thereby treat the petitioner as Samprasarak/ Samprasarika by not giving credence to the option exercised by the petitioner and filled in DCF. Mere issuance of memorandum dated 29th August, 2024 and subsequent steps taken by the petitioner in submitting DCF should not act as fetter so far as present petitioner is concerned to be treated as Samprasarak/ Samprasarika without giving credence to the option and filled in DCF which was submitted by the petitioner. In view of aforesaid discussions the writ petition stands allowed directing the concerned State authorities including PBRSSM authority to treat the petitioner as Samprasarak/Samprasarika and the option as well as filled in DCF which petitioner has exercised and submitted shall be treated as cancelled. It is also clarified that in future petitioner cannot claim the benefits as para teacher.” 8. In line with the above decisions, following directions are issued: (a) The petitioner be treated as Sahayika by not giving credence to the option exercised by the petitioner and filled in DCF. (b) Mere issuance of memorandum dated 29th August, 2024 and subsequent steps taken by the petitioner in submitting DCF should not act as fetter so far as present petitioner is concerned to be treated as Sahayika without giving credence to the option and filled in DCF which is submitted by the petitioner. (c) The respondent, Mission Director, Paschim Banga Rajya Shishu Shiksha Mission, Government of West Bengal is directed to treat the petitioner as Sahayika and the option as well as filled in DCF which 4 petitioner has exercised and submitted shall be treated as cancelled. 9. It is clarified that in future the petitioner cannot claim any benefit as Para Teacher. 10. With the above direction, the writ petition being WPA 14125 of 2026 stands disposed of. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. 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.)