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Calcutta High Court · body

2026 DAILYLAW 35645 (CAL)

SAYANTANI DAS v. STATE OF WEST BENGAL AND ORS.

WPA/10657/2026 · 2026-08-14

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S/L 10 14.08.2026 Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 10657 of 2026 [Assigned] Sayantani Das Vs. State of West Bengal & Ors. Mr. Sudipta Dasgupta Mr. Sutirtha Nayek Mr. Ritwik Basu … for the Petitioner. Mr. Lokenath Chatterjee Ms. Sneha Chatterjee Ms. Trenesha Chandra … for the State. Mr. Samaresh Chandra Dhara … for DPSC, Purba Medinipur. 1. The petitioner is serving as a primary school teacher. She was appointed on January 20, 2014. Her allegation is that her pay has been started w.e.f. August 28, 2014. 2. Submission is that from the date of her joining till August 27, 2014, she has not been paid her salary despite rendering service to the school. 3. Learned advocate for the petitioner relies upon the order passed by the Court on July 30, 2026 in WPA 10863 of 2026 [Rita Maiti vs. The State of West Bengal & Ors.], wherein the Court under similar circumstances, passed direction upon the authority to pay the arrear salary of the teacher along with interest. Similar order has been prayed for. 4. Learned advocate representing DPSC, Purba Medinipur relies on the instruction forwarded by the 2 Chairman-in-Charge signed on July 30, 2026 wherefrom it appears that as per official records, the petitioner joined service on January 20, 2014 and her pay started from August 28, 2014. 5. Learned advocate representing the State respondents relies upon the instruction forwarded by the District Inspector of Schools (PE), Purba Medinipur signed on July 30, 2026 which mentions that the Council is the competent authority to disburse the salary of the primary teachers. 6. Upon hearing the submissions made on behalf of the parties and on perusal of the materials on record, it appears that there is no dispute with regard to the service of the petitioner during the period from January 28, 2014 till August 27, 2014. There is no reason as to why the salary for the aforesaid period has not been disbursed. 7. The authority cannot expect the teacher to render service gratuitously. The teacher who had rendered service to the institution would be legally entitled to receive her legitimate dues. Accordingly, the authority would be bound to disburse the salary of the petitioner. 8. In view of the above, the instant writ petition stands disposed of by directing the DPSC, Purba Medinipur and particularly its Chairman/Chairman- in-Charge to take steps for disbursing the arrear salary 3 of the petitioner strictly in accordance with law at the earliest but positively within a period of four weeks from the date of communication of this order. 9. As the petitioner would receive her dues after considerable delay, accordingly, the arrear dues of the petitioner shall be paid along with interest at the rate of 8% per annum on and from the date of joining, i.e., January 20, 2014 till August 27, 2014 and the interest shall be calculated till the date of actual payment. 10. The writ petition stands disposed of. 11. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)