30-09-2026 Item No.26 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.14746 of 2026 Sucheta Hait -vs- The State of West Bengal & Ors. Mr. Saikat Chatterjee Md. Abdur Rakib Mr. Biswajit Sarkar Mr. Soumyadeep Das …for the petitioner Mr. Falguni Bandhyopadhyay Ms. Sonali Ghosh …for the State 1. The petitioner was appointed in the post of clerk in the died-in-harness category. She was recommended by the West Bengal Regional School Service Commission in Dakshinchak High School where she joined on February 25, 2023. Though she performed her duties in the said school on regular basis, but she was not paid her salary. 2. The petitioner made a representation before the concerned District Inspector of Schools as well as the West Bengal Board of Secondary Education with a request to release her salary. The same was allegedly not responded to by the authority. 3. However, the petitioner was again recommended to another school namely Chandanpur Birendra Siksha Sadan (HS), Purba Medinipur where she joined on March 28, 2025. 4. The allegation of the petitioner is that she has not been paid any salary for the service she rendered in Dakshinchak High School. 5. Prayer has been made to direct the respondents to release her arrear salary for the period she rendered service in the school. 6. Learned counsel for the State submits, upon instructions, that the salary of the petitioner could not be paid as she performed her duty against an unsanctioned post. The petitioner was thereafter recommended to a sanctioned post in 2025 after which she is receiving her salary. 7. The submission of the State that an employee would not be paid her salary despite her being made to work allegedly on the ground that the post was not sanctioned, cannot be accepted by the Court. The Constitution of India bars exploitation of employee in service. Making the petitioner work without payment of salary would be unconstitutional. 8. The petitioner rendered service only after she was duly recommended by the West Bengal Regional School Service Commission and a formal letter of appointment issued in her favour by the West Bengal Board of Secondary Education. 9. It was not for the petitioner to know whether she was serving against a sanctioned post or not. As the petitioner performed duty relying upon the valid documents issued by the Commission and the Board, accordingly, she would be entitled to receive her arrear dues. 10. It is the bounden duty of the respondents to release the arrear salary of the petitioner for the period she rendered service in the school despite the fact that she served against an unsanctioned post. 2 11. In view of the above, the writ petition is disposed of directing the District Inspector of Schools (SE), Purba Medinipur to take necessary steps to release the arrear salary of the petitioner during the period she rendered service in Dakshinchak High School. 12. It will be open for the DI of Schools to verify the records to ascertain the actual period during which the petitioner rendered service in the said school and pay her dues accordingly. 13. The service book of the petitioner shall also be updated. 14. Steps shall be taken by the DI of Schools at the earliest but positively within a period of eight weeks from the date of communication of this order. 15. The arrear dues shall be released to the petitioner positively by December 31, 2026. 16. As the petitioner would be receiving her legitimate dues after a considerable delay, the arrear salary shall be released in her favour along with simple interest at the rate of 5% p.a. calculated on and from the date till the date of actual payment. 17. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. 18. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 3 4