IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Pradip Halder – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
(1) An order of the District Inspector of Schools (Secondary Education) South 24 Paraganas, dated July 17, 2020, is under challenge in this writ petition and the petitioner has prayed for setting aside of the same. The petitioner has also prayed for release of salary, which according to him, stands due and outstanding pursuant to the order of the Court dated January 14, 2004 in writ petition No. W.P. 17062 (w) of 2002. He has prayed for release of arrear salary from the date May 1, 1997 to April 30, 2000 and from November 1, 2003 to January 7, 2015. He has also prayed for the arrear revised monthly salary for the said period, with interest @ 10% per annum. Accordingly, he has prayed for appropriate pension, considering the revised salary as his last drawn pay.
(2) The checkered background of this case is required to be narrated in a nut-shell, which is as follows:
(3) The organizing managing committee appointed the petitioner as the Assistant Teacher in the school namely, Alipara Ambedkar Siksha Niketan (in short “Alipara school”) in 1986. The exact date of appointment is not mentioned in the writ petition. Alipara school was accorded recognition as Cl

The court affirmed that a teacher's continuity of service must be upheld unless substantiated by evidence; the withholding of salary without due process constitutes a violation of rights.
The court affirmed the principle that school staff must receive due salary and benefits unless proven otherwise, emphasizing continuity of service without interruption or unjust denial.
Writ jurisdiction can compel payment of salary arrears when prior judicial orders affirm recognition of service and entitlement.
The court clarified the employment status of the petitioner and directed verification of salary arrears computation, emphasizing the need for proper documentation.
Process of judicial interpretation lies in extending or applying by analogy ratio decidendi of an earlier case to a subsequent case which differs from it in certain essentials.
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