S/L 10-11 20.07.2026 Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 20276 of 2024 With WPA 20295 of 2024 Sajahan Ali Molla Vs. The State of West Bengal & Ors. Mr. Sandip Ghosh … for the Petitioner. Mrs. Tapasi Palit Sinha Mr. Monajit Chakraborti … for the State. Mr. Kunal Ganguly … for the WBBSE. 1. Since the issues involved in these writ petitions are similar in nature, the same are taken up analogously for final disposal. 2. The petitioner is aggrieved as the State respondents issued the letter of approval of appointment in his favour on and from February 17, 2004. The petitioner claims that he ought to receive the said benefit on and from May 1, 2000 in terms of the order passed by the Court on September 20, 2006 in W.P. No.16046 (W) of 2000, duly affirmed by the Hon’ble Division Bench in AST No.1278 of 2007 vide judgment dated March 4, 2008, further affirmed by the Hon’ble Supreme Court on February 19, 2015 in Civil Appeal No.7902 of 2010. 3. Despite the order passed by the learned Single Judge duly affirmed by the Hon’ble Supreme Court, the authority went on to accord approval of 2 appointment of the petitioner on and from February 17, 2004. 4. Prayer has been made to direct the respondents to grant financial benefit to the petitioner after taking into consideration his date of approval as May 1, 2000. 5. Learned advocate representing the State respondents seeks to urge that as there was no vacancy at the subject point of time, the petitioner’s service could not be approved on and from May 1, 2000. 6. The Court is of the opinion that as the date of approval was adjudicated by the learned Single Judge duly affirmed by the Hon’ble Division Bench and the Supreme Court, accordingly, at this stage, there is no scope on the part of the authority to re-open the issue all over again. 7. The authority would be bound to treat the date of approval of the petitioner as May 1, 2000 for all purposes. The petitioner would be entitled to receive all financial benefits upon taking into consideration his date of approval as May 1, 2000. 8. The petitioner has since superannuated from service and he is receiving his terminal dues upon taking into consideration his date of approval of appointment on and from February 17, 2004. The same is contrary to the direction passed by the Court. 9. In view of the above, the instant writ petitions stand disposed of with the direction upon the District 3 Inspector of Schools (SE), South 24 Parganas to accord all financial benefits to the petitioner after taking into consideration his date of approval of appointment as May 1, 2000. 10. Steps shall be taken to comply with the aforesaid direction at the earliest and the financial dues of the petitioner shall be released positively by October 30, 2026. 11. As the petitioner would be receiving his dues long after his retirement in the year 2015, accordingly, the dues of the petitioner shall be paid along with interest calculated @ 6% per annum on and from the due date till the date of actual payment. 12. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 13. Urgent photostat certified copy of the server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)