IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION 01.10.2026 rc/ct.no.CB-06 Item No.22 WPA No. 2262 of 2026 Philip Rai Versus Union of India & Ors. Adv. Anand Bhandari Adv. Urgen Lama Adv. Mayank Bhandari ..for the petitioner Adv. Radhika Agarwal Adv. Tamanna Kar ….for the State Affidavit of service filed by the petitioner is taken on record. Pursuant to an advertisement being no. 5/2004 issued by the Public Service Commission, West Bengal, the petitioner applied for the post of Assistant Master in English and was called for an interview before the Commission by a letter issued on December 08, 2004. The petitioner was recommended for appointment to the post which was informed to him by a letter issued on February 03, 2005. However, he was granted appointment as Assistant Master in English (Nepali Memo) at Darjeeling Government High School by a memo issued on May 123, 2008. The appointment was confirmed by a letter issued on April 19, 2013. He was able to join the post only on May 23, 2008. The petitioner seeks notional benefit from the date of his recommendation in 2005. 2 It is a fact that the petitioner was selected for the post and recommended for employment in 2005. However, he was able to join the school only in 2008 in view of non-issuance of the appointment letter in his favour prior thereto. Such delay in issuance of the appointment letter in favour of the petitioner can under no circumstances be attributable to the petitioner who has been deprived of his salary and other benefits during the said period. He is entitled to notional benefits. In view of the above, the Commissioner, Directorate of School Education, being the 2nd respondent herein is directed to accord notional benefits to the petitioner with effect from the date of his recommendation by the Commission. However, the petitioner shall not be entitled to receive any salary for the period he did not work and notional benefit will be allowed only for the purpose of calculating retiral benefits to him. Actual financial benefit will be payable only from the date of his appointment in service. The seniority of the petitioner in service shall also be counted from the date of his recommendation by the Commission. The writ petition is accordingly disposed of. There shall, however, be no order as to costs. 3 Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J)