04.08.2025 Assigned Matter Sl. No. 10 Ct No. 3 SG WPA 6275 of 2025 Subhendu Mandal & Ors.

Vs State of West Bengal & Ors.

Mr. Arjun Roy Mukherjee, Ms. Debapriya Mitra, Mr. Joyjeev Medhi.

… for the petitioners Mr. Swapan Kr Dutta, Ld AGP Mr. Rajat Data. … for the State

1. The petitioners have preferred the present writ petition seeking implementation of the order dated 03.09.2020 passed by the Hon’ble Division Bench in MAT 1221 of 2019 and MAT 1367 of 2019 which was subsequently upheld by the Hon’ble Supreme Court in SLP (C) No. 2809 of 2021 and TP (C) Nos. 1288-1297 of 2022.

2. Learned Counsel for the petitioners submit that the Hon’ble Division Bench vide order dated 03.09.2020 had modified the order of the learned Single Judge and issued the following direction:-

“Under such circumstances, we modify the order of the learned Single Judge by directing the appellant to make payment of salaries equal to basic pay in the scale of pay of a regular teacher working in Higher Secondary Section in a Non-Government Aided Higher Secondary School with effect from 28 July, 2010 being the date of the order which is quoted above till 24.12.2013 when the precious G.O. dt. 28th July, 2010 stood withdrawn under G.O. dt. 24.12.2013. The said Government order restrain any further appointment of any new part time teachers on contract basis in nongovernment aided higher secondary school with effect from 1st April, 2007. The arrear salary shall be paid positively within four weeks from date. In the 34 event, the writ petitioners made a representation before the Secretary (School Education Department), in justification of basic pay for the period from April 2007 till December 2009 and after 24th December 2013 demonstrating discharge of similar duties, within a period of 4 weeks after the lockdown is relaxed and the normal functioning of the schools and colleges are restored, the Secretary, shall consider such representation within a period of 3 weeks thereafter upon giving an opportunity of hearing to the writ petitioners as well as concerned schools. The representations can be sent in the designated email of the Secretary in addition to hard copies. Ms. Kakali Samajpati, learned advocate appearing for the appellant shall furnish such email address to Mr. Partha Pratim Dutta Advocate and Mr. Sourav Dutta, Advocate respectively being the learned advocate for the writ petitioners within one week from date. It is needless to mention that Covid protocol in place on the date of hearing shall be strictly followed. The school authorities shall be under an obligation to produce the attendance register and the class routines for the aforesaid period before the Secretary (School Education Department) along with any other materials as may be directed in order to enable the Secretary (School Education Department) to decide the claim of the writ petitioners. It is needless to mention that the Secretary shall be guided by the principle laid down in this order and shall not deny the claim of the petitioners merely because of their initial contractual appointment in view of the fact that the school education department had taken a decision not to sanction any additional post for these higher secondary schools which were running with part time 35 contractual teachers since 2002 with effect from April 1st, 2007. The Secretary shall pass a reasoned order which shall be communicated to the writ petitioners and the concerned schools within two weeks from the date of the order. The order may be communicated at email address of the writ petitioners & their advocates to be provided by the parties while forwarding the representations in addition to hard copies.”

3. The respondent unsuccessfully challenged the aforesaid order before the Hon’ble Supreme Court. Learned Counsel for the petitioners further submits that although the respondent has partially complied with the order of the Hon’ble Division Bench by releasing the arrears of pay for the period of 28.07.2010 to 24.12.2013. H