21.09.2026 Sl. No.797 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 17625 of 2026 Anupam Kundu VS The State of West Bengal and Ors. Mr. Kamal Mishra …for the Petitioner. Mr. Sourav Sengupta Ms. Renesa Dey …for the State. Mr. Samaresh Ch. Dhara …for DPSC, Purba Medinipur. 1. Affidavit of service filed by 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 24th January, 2019 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 2006 which concluded in the year 2010. Petitioner was not given weightage of marks as she is having teacher training qualification from an institute recognized by State Government and not by the National Council for Teacher Education (for short, “NCTE”). In terms of the relevant recruitment rules marks were allotted against teacher training qualification. For the above reason, petitioner was deprived of getting weightage of marks for teacher training qualification. The issue was ultimately taken up by Hon’ble Supreme Court in Civil Appeal No. 1071 of 2019 (Amina Khatun & Ors versus Birbhum District Primary School Council & Ors.). In the order dated 24th January, 2019 Hon’ble Supreme Court in appeal made several observations, relevant part of which is reproduced hereinbelow: “The primary teachers who obtained their certificates from the institutes recognized by the State Government, will also be entitled to the weightage under Rule 9(2)(d) of the Recruitment Rules, 2001 so long as they have filed the legal proceedings in the High Court on or before 31st December, 2010. This would include such of the parties who are the original petitioners or interventionists in their individual names so long as the petitions or the applications for intervention have been filed on or before 31st December, 2010. We make it clear that this relief will be available to only such persons and no others.” 4. On the basis of aforesaid observations of the Hon’ble Court, the petitioner was awarded marks for having training qualification and appointment letter was issued on 25th August, 2021. The petitioner joined on 31st August, 2021. The petitioner claims notional benefit from the date of passing of the order by the Hon’ble Supreme Court on 24th January, 2019. Hence, this writ petition. 5. Mr. Kamal Mishra, learned advocate appearing for the petitioner submits that similarly circumstanced petitioner has been granted notional benefit with effect from 24th January, 2019 in Partha Sarathi Pal versus The State of West Bengal & Ors. (In Re: WPA 9945 of 2025). He seeks that similar benefit be extended to the petitioner. 2 6. Ms. Renesa Dey, learned advocate for the State submits that the State-respondent has no role to play so far as relief claimed by the petitioner is concerned. 7. Mr. Samaresh Ch. Dhara, learned advocate representing District Primary School Council, Purba Medinipur concedes to the submissions advanced on behalf of the petitioner. 8. In Partha Sarathi Pal (supra), a Coordinate Bench of this court passed the following order: “In view of aforesaid discussion, concerned State respondents including concerned District Primary School Council are directed to grant notional benefits to the petitioner with effect from 24th January, 2019. However, actual financial benefits shall be awarded on refixation of pay of the petitioner from date of appointment. In this regard, Commissioner of School Education, Government of West Bengal being respondent no. 2 shall pass a formal order granting notional benefits in favour of the petitioner with effect from 24th January, 2019 within a period of twelve weeks from the date of communication of this order”. 9. Undeniably, the petitioner is similarly circumstanced as of the petitioner in Partha Sarathi Pal (supra). 10. In such backdrop and in line with the above decision, since the petitioner stands on the same footing, the concerned State respondents including the concerned District Primary School Council are directed to grant notional benefit to the petitioner with effect from 24th January, 2019. However, actual financial benefits shall be awarded on refixation of pay to the petitioner from date of appointment. In this regard, respondent no.2, Commissioner of School Education, Government of West Bengal shall pass a formal order granting notional benefits in favour to the petitioner with effect 3 from 24th January, 2019 within a period of twelve weeks from the date of communication of this order. 11. Learned advocate for the petitioner is directed to communicate this order to the respondent authorities concerned. 12. With the above direction, the writ petition being WPA 17625 of 2026 stands disposed of. 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.) 4