24.08.2026 Sl. No.8 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 160 of 2026 SK. ANGARUL HAQUE VS STATE OF WEST BENGAL AND ORS. Mr. Dibyendu Chatterjee Mr. Rahul Deb Goenka Ms. Satabdi Das Mr. Mainak Singha Barma …for the Petitioner. Mr. Sourav Sengupta Mr. Brijendra Pratap Singh …for the State. Mr. Ratul Biswas Mr. Kaushik Chowdhury …for WBBPE. 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks for notional benefit as Assistant Teacher in Primary School with effect from February, 2017 and consequent release of all service benefits including revision of pay and annual increments by re-fixation of the scale of pay. 3. The petitioner contends that he participated in the recruitment process of the year 2016. The petitioner joined as a Primary School Teacher under District Primary School Council, Paschim Medinipur on the basis of notification dated 24th November, 2022 issued by Chairman, Paschim Medinipur District Primary 2 School Council pursuant to the order passed by this Court in WPA No.20594 of 2022 (Rajkumar Ghosh versus The State of West Bengal & Ors.). The petitioner prays for notional benefit as Assistant Teacher of a Primary School with effect from February, 2017. 4. Mr. Dibyendu Chatterjee, learned Advocate appearing for the petitioner relying on the decision of a Coordinate Bench of this Court passed in Rajkumar Ghosh versus State of West Bengal & Ors. (In Re: WPA 23031 of 2024) submits that the present petitioner is similarly circumstanced as of the petitioner in the earlier writ petition where the notional benefit has been extended to the petitioner from February, 2017. He seeks for similar benefit in favour of the petitioner. 5. Mr. Kaushik Chowdhury, learned Advocate representing the West Bengal Board of Primary Education submits that an appeal has been preferred in case of a similar situation being MAT 1896 of 2024 (The West Bengal Board of Primary Education & Ors. V. Soham Roy Chowdhury & Ors,) and the matter is pending before the Hon’ble Division Bench. Be that as it may, he leaves the matter to the discretion of Court so far as the prayer of the petitioner is concerned in the present writ petition since the petitioner has been issued appointment letter and he has joined his service. 3 6. Despite service none appears on behalf of the District Primary School Council, Paschim Medinipur. 7. Since the State is unrepresented, Mr. Sourav Sengupta, learned Advocate who usually appears on behalf of the State-respondents is requested to appear in this matter with junior of his choice. Let their appointment be regularised by the competent authority. 8. Learned Advocate for the petitioner is directed to hand over copy of the writ petition along with its annexures upon Mr. Sengupta, learned Advocate for the State. 9. Mr. Sengupta leaves the matter to the discretion of this Court. 10. The petitioner in the present writ petition stands on the same footing as of the petitioner in WPA 23031 of 2024. 11. Accordingly, the present writ petition is disposed of granting following relief to the petitioner:- i) The service of the petitioner shall be notionally considered from February, 2017. However, actual financial benefits shall not be payable to the petitioner prior to his date of appointment. ii) The petitioner shall also be entitled to notional increments and the length of his service shall be computed from February, 2017. iii) If any increment has been granted to the teacher who joined in February, 2017 until November, 2022, the same shall be made available to the 4 petitioner prospectively from the date of his joining. The salary slip and the pay scale of the petitioner shall be revised accordingly. iv) All arrears from November, 2022 till date shall be paid to the petitioner within a period of eight weeks from the date of communication of this order. 12. Learned advocate for the petitioner is directed to communicate this order to the respondent authorities concerned. 13. With the above direction, the writ petition being WPA 160 of 2026 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. 19. 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.)