31.08.2026 Sl. No.14 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 5432 of 2026 Shri Avhijit Saha & Ors. Versus The State of West Bengal & Ors. Mr. Sudipta Dasgupta Mr. Ritwik Basu …for the Petitioners. Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee …for the DPSC, Nadia. Mr. Brijendra Pratap Singh Mr. Sourav Sengupta …for the State. 1. Affidavit of service filed by the petitioners is taken on record. 2. By the present writ petition, the petitioners seek direction upon the respondent authorities to disburse the arrear salary to the petitioners from 29th January, 2014 to 6th August, 2014. 3. The petitioners contend that they have joined their respective schools on 29th January, 2014 as follows: Name Name of School Memo No Petitioner No.1- Sri Avhijit Saha Fakirdanga Majherpara Primary School Appt. 1422-UT Petitioner No.2- Sri Subir Debnath Areadanga Primary School Appt. 1491-UT Petitioner No.3- Sri Santa Kumar Ghosh Bablari Board Primary School Appt. 1441-UT The petitioners have not been paid salaries from 29th January, 2014 to 6th August, 2014. The petitioners seek for disbursement of arrear of salaries for the said period. 4. Mr. Ritwik Basu, 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 petitioners 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. 5. On the contrary, Mr. Arindam Chattopadhyay, learned Advocate representing District Primary School Council, Nadia submits that the petitioner was paneled under un-absorbed category. The approval was given to the petitioners in the month of August, 2014 and as such, the petitioners cannot claim arrear salaries from the date of their joining which is prior to their approvals. However, the matter may be relegated to the Commissioner of School Education, Government of West Bengal to take a decision. 6. None appears on behalf of the State. 7. Mr. Sourav Sengupta, learned advocate, who usually appears on behalf of the State-respondent is requested to appear in this matter. Let the appearance of Mr. Sengupta be regularised by the competent authority. 8. Learned advocate for the petitioners is directed to hand over a copy of the writ petition along with its annexures to the learned advocate for the State. 2 9. Similar submission is advanced on behalf of the State- respondents. 10. Admittedly, the petitioners have joined on 29th January, 2014 and discharged their function as teacher from 29th January, 2014 to 6th August, 2014. In a similar circumstances in Tarak Nath Chakraborty (supra), a Co-ordinate Bench of this Court passed the following orders: “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.” 11. It is not in dispute that the petitioners are similarly circumstanced as of the petitioners in the aforesaid writ petition. 12. Accordingly, it is directed that petitioners shall be paid salary for the period on and from 29th January, 2014 to 6th August, 2014 positively within a period of one month from the date of receipt of a copy of this order by the District Primary School Council, Nadia and the District Inspector of Schools (P.E.), Nadia together with interest @ 8% per annum on and from 1st February, 2014 till the date of actual payment. 13. Learned advocate for the petitioners is directed to communicate this order to respondent No.4, District Inspector of School (P.E.), Nadia and respondent No.5, District Primary School Council, Nadia, for necessary compliance. 3 14. With the above direction, the writ petition being WPA 5432 of 2026 stands disposed of. 15. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 16. Interim order, if any, stands vacated. 17. All connected applications, if any, stand disposed of. 18. There shall be no order as to costs. 19. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 20. 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