21.07.2026 Sl. No.26(DL) Ct. No.14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 24451 of 2025 Shyamal Samanta & Ors. Versus The State of West Bengal & Ors. Mr. Jaminikanta Ghosh …for the Petitioners. Mr. Avinash Kankani …for the DPSC, Kolkata. 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. Case details showing deposit of court fees filed by the petitioners is taken on record 3. By the present writ petition, the petitioners seek direction upon the respondent authorities to disburse the arrear salaries of the petitioners as stated in paragraph No. 9 of the writ petition who are discharging their duties as Assistant Teachers in different primary schools, more fully stated in paragraph No. 5 of the writ petition. 4. The petitioners joined in their respective schools on and from the dates as mentioned herein below: a) Petitioner No. 1 joined on 10.02.2014 as Assistant Teacher in Rajapur Bastutala F.P. School, at A/2, East Rajapur, Santoshpur, Kolkata. b) Petitioner No. 2 joined on 05.02.2014 as Assistant Teacher in Dr. Abdul Khabir Mem F.P. School, Kolkata under Alipore Circle. c) Petitioner No. 3 joined on 05.02.2014 as Assistant Teacher in Bartala Siksha Niketan (Day) under Alipore Circle, Kolkata. d) Petitioner No. 4 joined on 05.02.2014 as Assistant Teacher in Satghara G.S.F.P. School under Alipore Circle, Kolkata, present School Sarsuna High School, Primary Section under Behala West Circle, Kolkata. e) Petitioner No.5 joined on 05.02.2014 as Assistant Teacher in Panchpara G.S.F.P. School under Alipore Circle, Kolkata, present school Paschim Joyrampur Prathamik Vidyalaya, under Behala West Circle. f) Petitioner No.6 joined on 06.02.2014 as an Assistant Teacher in Rani Bhabani Primary School of Circle Kolkata and present School is 'Chayanika Vidyamandir', 7, Gorapada Sarkar Lane, Kolkata - 700007. 5. The petitioners did not receive salary from the date of their respective joining till 31st August, 2014. Being aggrieved by such action of the respondent authorities, the petitioners have preferred the present writ petition. 6. Mr. Jaminikanta Ghosh, learned Advocate appearing for the petitioners submits that in similar circumstances this Court in Sri Tarak Nath Chakraborty versus The State of West Bengal & Ors. (In Re: WPA No.20548 of 2019) has allowed the prayer of the petitioner in the said writ petition and directed 2 the respondent authorities to disburse the arrear salary together with interest. The present petitioners stand on the same footing. He seeks that similar benefit be extended to the petitioners. 7. Mr. Avinash Kankani, learned Advocate appearing for the District Primary School Councils, Kolkata submits that the petitioners are similarly circumstanced as of the petitioner in WPA 20548 of 2019 and the Council intends to extend the same benefit to the present petitioners. 8. Mr. Brijendra Pratap Singh, learned advocate representing the State seeks leaves the matter to the discretion of the Court. 9. This Court in Sri Tarak Nath Chakraborty (supra) passed the following direction: “10. The petitioner shall be paid the salary for the period from 11th February, 2014 until 31st August, 2014, mandatorily and positively within a period of 1 month from the date of receipt of a copy of this order by the DPSC, Paschim Medinipur and the D.I. of Schools (P.E.), Paschim Medinipur together with interest @ 8% per annum from 1st March, 2014 till the date of actual payment.” 10. It is not in dispute that the petitioners are similarly circumstanced as of the petitioner in the aforesaid writ petition. 11. Accordingly, it is directed that (a) petitioner no. 1 shall be paid salary for the period on and from 10th February, 2014 until 31st August, 2014; (b) petitioner nos. 2, 3, 4, and 5 shall be paid salary for the period on and from 5th February, 2014 until 31st August, 2014, and (c) petitioner no. 6 shall be paid salary for 3 the period on and from 6th February, 2014 until 31st August, 2014, positively within a period of one month from the date of receipt of the copy of this order by the District Primary School Council, Kolkata and the District Inspector of Schools (PE), Kolkata together with interest @ 8% per annum from 1st March, 2014 till the date of actual payment. 12. Learned advocate for the petitioners is directed to communicate this order to respondent No. 4, District Inspector of School (P.E.), Kolkata and respondent No. 5, District Primary School Council, Kolkata, for necessary compliance. 13. With the aforesaid direction, the writ petition being WPA 24451 of 2025 stands disposed of. 14. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 15. Interim order, if any, stands vacated. 16. All connected applications, if any, stand disposed of. 17. There shall be no order as to costs. 18. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. (Bivas Pattanayak, J.) 4