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2026 DAILYLAW 47420 (CAL)

SOUMEN MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/23932/2025 · 2026-09-29

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.09.2026 Item No.45 (DL) Court No.14 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 23932 of 2025 Soumen Mondal & Ors. -Vs- The State of West & Ors. Mr. Jamini Kanta Ghosh. …for the petitioners. Mr. Sukanta Ghosh, Mr. Arghya Chatterjee. …for the State. 1. E-acknowledgement receipt showing deposit of ad valorem court fees is taken on record. 2. Report filed by the State furnished by the District Inspector of Schools (P.E.), Paschim Medinipur dated 24th September, 2026 is taken on record. 3. By the present writ petition, the petitioner seeks direction upon the respondent authorities to disburse the arrear salary of the petitioner as stated in paragraph no.9 of the writ petition, who are discharging their functions as Assistant Teachers in different primary schools morefully described in paragraph no.5 of the writ petition. 4. The petitioners joined in their respective schools on and from the date as mentioned hereinbelow:- a) Petitioner no.1 joined on 11.02.2014 as Assistant Teacher in 2 Dhengbahara Primary School under Sadar South Circle. b) Petitioner no.2 joined on 11.02.2014 as Assistant Teacher in Bamalsini Primary School under Lalgarh Circle and thereafter transferred to Ananatapur Primary School under Narajole Circle-II, District Paschim Medinpur. c) Petitioner no.3 first joined on 11.02.2014 as Assistant Teacher in Daintikri Primary School under Lalgarh Circle and thereafter transferred to his present school in Raghunathpur Board Primary School under Ghatal West Circle, District – Paschim Medinpur. d) Petitioner no.4 first joined on 11.02.2014 as Assistant Teacher in Nera Primary School under Binpur- I Circle and thereafter transferred to his present school in Kotalpur Paschim Primary School under Ghatal West Bircle, District – Paschim Medinipur. e) Petitioner no.5 first joined on 11.02.2014 as Assistant Teacher in Sarpura Primary School, under Binpur-II Circle and thereafter transferred to his present school in Alui Primary School under Ghatal West Circle, District : Paschiom Medinipur. f) Petitioner no.6 first joined on 11.02.2014 as Assistant Teacher in Daintikri Primary School, under Lalgarh Circle and thereafter transferred to his present school Agra Prima School under Amlagora circle, District – Paschim Medinipur. g) Petitioner no.7 joined on 11.02.2014 as Assistant Teacher in Pattontul Primary School under Garhbeta-II Circle and thereafter transferred to his present school in Harishpur Special Primary School under Ghatal Circle, District – Paschim Medinipur. h) Petitioner no.8 first joined on 11.02.2014 as Assistant Teacher in Nepura Primary School under 3 Binpur-I Circle, and thereafter transferred to his present school at Panchghora Primary School under Ghatal Circle, District: Paschim Medinpur. 5. The petitioners did not receive their salaries from their respective date of joining till 31st August, 2014. Being aggrieved by such action of the respondent authorities, the petitioners have preferred the present writ petition. 6. Mr. Jaminikanta Ghosh, learned Advocate appearing for the petitioners submits that in similar circumstances this Court in Sri Tarak Nath Chakraborty –versus- The State of West Bengal & Ors. (In Re: WPA No.20548 of 2019) has allowed the prayer of the petitioner in the said writ petition and directed the respondent authorities to disburse the arrear salary together with interest. The present petitioners stand on the same footing. He seeks that similar benefit be extended to the petitioners. 7. Mr. Sukanto Ghosh, learned Advocate appearing for the State respondent submits that the appointments of the petitioners were made against non-sanctioned posts without financial approval. The financial approval was given with effect from 1st September, 2014 and since then the petitioners are receiving salaries on regular basis. 4 8. Under similar circumstance co-ordinate Bench of this Court in Sri Tarak Nat Chakraborty (supra) passed the following direction:- “10. The petitioner shall be paid the salary for the period from 11th February, 2014 until 31st August, 2014, mandatorily and positively within a period of 1 month from the date of receipt of a copy of this order by the DPSC, Paschim Medinipur and the D.I. of Schools (P.E.), Paschim Medinipur together with interest @ 8% per annum from 1st March, 2014 till the date of actual payment.” 9. It is not in dispute that the petitioners are similarly circumstanced as of the petitioners in the aforesaid writ petition. 10. Accordingly, it is ordered that the petitioners shall be paid salary for the period on and from 11th February, 2014 till 31st August, 2014 positively within a period of one month from the date of receipt of a copy of this order from the respondent no.4, the District Inspector of Schools (P.E.), Paschim Mediniupur and the respondent no.5, the Chairman, Paschim Medinipur District Primary School Council together with interest @ 8% per annum from 1st March, 2014 till the date of actual payment. 11. Learned Advocate for the petitioner is directed to communicate this order to the respondent no.4, the District Inspector of Schools (P.E.), Paschim Mediniupur and the respondent no.5, the Chairman, Paschim Medinipur District Primary School Council for necessary compliance. 5 12. In view of the above, the writ petition being WPA 23932 of 2025 stands disposed of. 13. All connected applications, if any, stands disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Bivas Pattanayak, J.)