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2026 DAILYLAW 30468 (CAL)

NAMITA MAITY BERA AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/10458/2026 · 2026-07-24

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.07.2026 Sl. No.26 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 10458 of 2026 Namita Maity Bera & anr. Versus The State of West Bengal & Ors. Mr. Sudip Sarkar Mr.Aninda Bhattacharjee Ms. Sneha Maity Mrs. Susmita Majumder …for the Petitioners. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Mr. Ranjan Saha …for the DPSC, Paschim Medinipur. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. E-acknowledgement showing receipt of ad valorem court fees is also taken on record. 3. By the present writ petition, the petitioners seek direction upon the respondent authorities particularly, respondent nos.3 to 5 to disburse the arrear salaries of the petitioners for the period more fully described in paragraph 9 of the writ petition. 4. The petitioners contend that they are Assistant Teachers of different schools under District Primary School Council, Paschim Medinipur. Both the petitioners joined their services on 11th February, 2014. The petitioners have not been paid the arrear salaries from 11th February, 2014 till 31st August, 2014 although their services have been approved. 2 Being aggrieved by such action of the respondent authorities, the petitioners have preferred the present writ petition. 5. Mr. Sudip Sarkar, learned Advocate 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 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. 6. Mr. Ranjan Saha, learned Advocate appearing for the District Primary School Council, Paschim Medinipur submits that the petitioners are similarly circumstanced as of the petitioner in WPA 20548 of 2019 and they may be extended similar benefit. 7. Mr. Brijendra Pratap Singh, learned advocate representing the State seeks leaves the matter to the discretion of the Court. 8. 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.” 9. It is not in dispute that the petitioners are similarly circumstanced as of the petitioner in the aforesaid writ petition. 3 10. Accordingly, it is directed that petitioners shall be paid salary for the period on and from 11th February, 2014 until 31st August, 2014, positively within a period of one month from the date of receipt of copy of this order by the District Primary School Council, Paschim Medinipur and the District Inspector of Schools (P.E.), Paschim Medinipur together with interest @ 8% per annum from 1st March, 2014 till the date of actual payment. 11. Learned Advocate for the petitioner is directed to communicate this order to respondent no.3, District Inspector of Schools (P.E.), Paschim Medinipur and respondent no.4, District Primary School Council, Paschim Medinipur, for necessary compliance. 12. With the above directions, the writ petition being WPA 10458 of 2026 stands disposed of. 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. 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.)