28.08.2026 Item No.49 Ct. No. 652 RP WPA 27288 of 2017 SHAMPA MONDAL VS DISTRICT PRIMARY SCHOOL COUNCIL, SOUTH 24 PARGANAS & ORS. Mr. Kamalesh Bhattacharya Mr. Animesh Saha Mr. Anindya Bhattacharya Mr. Sourav Samant …… For Petitioner Mr. Dibasish Basu, AGP Ms. J. Dhar Chakraborty …… For State 1. The petitioner’s grievance is that after being absent for a fairly long period of time due to her ill-health and after being permitted by the Chairman, District Primary Council, South 24 Parganas vide letter dated 28th September, 2015 to join in school upon regularization of her leave, no steps have yet been taken by the respondent No.3/District Inspector of Schools, Primary Education, South 24 Parganas, in terms of the said direction of the Chairman. 2. Mr. Bhattacharya, learned advocate for the petitioner has stated that in spite of there being an order of the Chairman, District Primary School Council, to let the petitioner to join in duty and regularize the absence period as per Rules, no steps towards the same, has been taken by the respondent till date and not any appropriate order has been passed by the respondent authority, in this regard. 2 3. Mr. Bhattacharya has further emphasized that the order of the Officer on Special Duty, School Education Department, Government of West Bengal dated 16th March, 2015 has virtually effected regularization of absence of the petitioner for the period from 1st November, 2011 to 22nd November, 2013. Therefore, according to him, the respondent cannot defy its own order or that there cannot be any other ground for refusal of regularization of leave of the petitioner. 4. Mr. Bhattacharya says that the petitioner is entitled for grant of career advancement scheme after completion of 10/20 years of service as per notification dated 8th October, 2009. He submits that the petitioner is also entitled for arrear salary. 5. Since regularization of leave of the petitioner, is only subject to the respondent’s consideration, therefore, it appears to be not only harsh but unreasonable that such prayer of the petitioner is kept pending till date. 6. Let this writ petition, therefore, be disposed of by directing the respondent no.3/District Inspector of School Education, Primary Education, South 24 Parganas to consider the petitioner’s representation dated 20th June, 2017 submitted before its office. In doing so, the said respondent shall afford a reasonable opportunity of hearing to the petitioner and take into consideration documents/ rules/ regulations/ order of Court, if any, relied upon by the petitioner in this regard. 3 7. The entire exercise as above should be concluded by the respondent no.3, within a period of four weeks from the date of communication of a copy of this order. Unless he passes an order in favour of the petitioner by allowing her prayer, a reasoned order should be passed citing reasons of refusal of the prayer of the petitioner. 8. Needless is to mention that in case the respondent authority, in due compliance of the order of the Officer on Special Duty as mentioned above, regularize the period of absence of the petitioner as above, consequential service benefit including arrear salary as admissible should be disbursed to the petitioner immediately thereafter. 9. The writ petition is disposed of with the direction as above. 10. Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities. (Rai Chattopadhyay, J.)