28.08.2026 Sl. No.15 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 26217 of 2025 Shraboni Chakraborty VS The State of West Bengal and Ors. Mr. Sudip Sarkar Mr. Anindya Bhatacharya Ms. Sneha Maity …for the Petitioner. Mr. Subit Majumdar Mr. Sourav Sengupta Mr. Prisanka Ganguly …for the State. Mr. Ratul Biswas Mr. Kaushik Chowdhury …for WBBPE. 1. Report filed on behalf of the State furnished by District Inspector of Schools (Primary Education), Paschim Medinipur dated 27th August, 2026 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 she participated in TET- 2014. Initially she was declared unsuccessful. However, after awarding of six marks for wrong questions the petitioner was declared successful in TET- 2014. Pursuant to order dated 5th September, 2022 passed in WPA 5505 of 2022 (Soham Roy Choudhury & Ors. versus The State of West Bengal & Ors.) notification was issued on 24th November, 2022 by Chairman-in-Charge, Paschim Medinipur District Primary School Council for considering the candidature of the petitioner in appointment of recruitment process of 2016. The petitioner claims that her service ought to be considered notionally with effect from February, 2017. 4. Mr. Sudip Sarkar, 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. The petitioner has also completed Diploma in Elementary Education (in short ‘D.El.Ed.’) course for the session 2010-2012 prior to joining the service. He files copy of such training qualification dated 8th October, 2012, which is taken on record. He seeks for similar benefit in favour of the petitioner. 5. Mr. Sourav Sengupta, learned advocate for the State submits that there is no such provision to give notional benefit to any employee from the date prior to her actual date of joining as per Government Policy. He seeks for dismissal of the writ petition. 6. Mr. Kaushik Chowdhury, learned advocate representing the West Bengal Board of Primary Education submits that an appeal has been preferred 2 in case of a similar situation being MAT 1896 of 2024 (The West Bengal Board of Primary Education & Ors. versus 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 as the petitioner has been issued appointment letter and she has joined her service. 7. It is found that the petitioner is similarly circumstanced as Rajkumar Ghosh in WPA 23031 of 2024. 8. 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 her date of appointment. ii) The petitioner shall also be entitled to notional increments and the length of her 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 petitioner prospectively from the date of her 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. 3 9. Learned advocate for the petitioner is directed to communicate this order to the respondent authorities concerned. 10. With the above direction, the writ petition being WPA 26217 of 2025 stands disposed of. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. 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.) 4