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2026 DAILYLAW 42292 (CAL)

SK. SAHANAOAJ HOSEN v. STATE OF WEST BENGAL AND ORS.

WPA/6578/2026 · 2026-09-18

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.09.2026 Sl. No.11 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No.6578 of 2026 Sk. Sahanaoaj Hosen Versus The State of West Bengal & Ors. Md. Sarwar Jahan Ms. Shalini Sen Ms. Sahina Parvin …for the Petitioner. Mr. Sourav Sengupta … for the State 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to allow the petitioner to resume his duties as an Assistant Teacher at Sarata Primary School under Sabang West Circle, Paschim Medinipur upon sympathetically consider and regularize the period of absence of the petitioner from duty as leave in accordance with applicable rules. 3. The petitioner contends that he joined as an Assistant Teacher in Sarata Primary School under Sabang West Circle, Paschim Medinipur on 11th February, 2017. The petitioner in the year 2018 suffered severe mental distress due to a tragic incident wherein one of his close friends lost his life. The petitioner could not join school since 1st April, 2019. Subsequent thereto, after gradually recovering from the said mental trauma, again the petitioner had to face a tragic situation due to death of 2 his elder brother occurred on 1st September, 2021. On 20th May, 2024 the respondent no.6, the Secretary, District Primary School Council, Paschim Medinipur issued letter to the petitioner to attend his chamber for hearing. On 12th June, 2024 the petitioner submitted his written version to the respondent no.5, the Chairman, District Primary School Council, Paschim Medinipur when he attended the office as per direction of the respondent no.6. Subsequent thereto, the respondent no.6, the Secretary, Paschim Medinipur District Primary School Council sought for leave statement of the petitioner from the Sub-Inspector of the Schools, Sabang West Circle, Paschim Medinipur, which was submitted on 30th August, 2024. Thereafter the petitioner was once again called for by the Chairman of the Council vide its letter dated 20th December, 2024 to attend for hearing. In response to that letter the petitioner on 27th December, 2024 once again submitted his written version. However, since then no decision has been taken with regard to absence of the petitioner from school since 1st April, 2019. Hence, this writ petition. 4. Md. Sarwar Jahan, learned Advocate appearing on behalf of the petitioner submits that matter be relegated to the respondents for taking a decision with regard to sanctioning of leave of the petitioner taking into consideration the versions that were submitted by the petitioner on 12th June, 2024 and 27th December, 2024. 5. Despite service none appears on behalf of the State. 3 6. Mr. Sourav Sengupta, learned Advocate who usually appears on behalf of the State-respondents is requested to appear in this matter. Let his appointment be regularised by the competent authority. 7. 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. 8. Mr. Sengupta, learned Advocate for the State submits that the matter may be relegated to the appropriate authority for taking a decision in respect of the written versions of the petitioner. 9. In view of the above submissions, the respondent no.5, the Chairman, District Primary School Council, Paschim Medinipur is directed to take a decision with regard to hearing conducted on 12th June, 2024 and 27th December, 2024 by taking into consideration the written versions submitted by the petitioner on the aforesaid dates and dispose of the same, in accordance with law, upon notice to the petitioner, within a period of six weeks from the date of communication of this order. 10. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 11. Learned advocate for the petitioner is directed to communicate this order to the respondent no.5, the Chairman, District Primary School Council, Paschim Medinipur, for necessary compliance. 12. With the above direction, the writ petition being WPA 6578 of 2026 stands disposed of. 4 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. 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.)