19. (DL)

06.08.2025 Ct. No. 18

(ARPAN

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. 14053 OF 2025

SRI ASIT RANJAN GAYEN & ANOTHER

VS.

THE STATE OF WEST BENGAL & OTHERS

Mr. Arabinda Chatterjee, Sr. Adv.

Mr. K.K. Chakrabarti, Adv.

Mrs. Srijani Das, Adv.

…for the Petitioners

Mr. Biswabrata Basu Mallick, AGP

Ms. Pratiti Das, Adv.

…for the State

1. Affidavit-of-service filed on behalf of the petitioners is

taken on record.

2. Petitioners being organizing teachers in upgraded

section of a recognized school were granted approval of appointment vide memo dated 19^th December, 2023 issued by the District Inspector of Schools (S.E.), Paschim Medinipur. Petitioner no.1 was granted approval of appointment with effect from 1^st September, 2023 with notional benefits from 1^st January, 1999 being the date of upgradation of the school. Petitioner no.2 was granted approval also with effect from 1^st September, 2023 with notional benefits

from the same date, i.e., 1^st January, 1999.

3. Mr. Chatterjee, learned Senior Advocate representing

the petitioners submits that petitioner no.1 retired on superannuation on 31^st October, 2024 whereas

petitioner no.2 retired on 31^st December, 2023. Both the petitioners made representations addressed to the Secretary, School Education Department, Government of West Bengal for grant of monetary benefits from the date, i.e., 1^st January, 1999 when school was upgraded. Both the representations were made on 6^th March, 2025.

4. State respondents are represented by Mr. Basu Mallick, learned Additional Government Pleader, who has filed a report signed by the District Inspector of Schools (S.E.), Paschim Medinipur on 15^th July, 2025 and same is taken on record.

5. It is submitted on behalf of the State respondents that in terms of the judgment dated 1^st September, 2023 passed on an intra-court appeal being FMA 992 of 2021 (Asit Ranjan Gayen & Ors. vs. State of West Bengal & Ors.) approval was accorded in favour of the petitioners with notional benefits from the date of upgradation of the school. Petitioners accepted approval which was accorded vide memo dated 19^th December, 2023 and judgment dated 1^st September, 2023 attained finality. Therefore, at this stage approval memo dated 19^th December, 2023 needs not to be modified.

6. Having considered the respective submissions made on behalf of the parties, writ petition stands disposed of directing The Principal Secretary, School Education Department, Government of West Bengal being respondent no.2 to decide the representations of the petitioners dated 6^th March, 2025 within a period of eight (8) weeks from the date of communication of this order. Respondent no.2 shall pass a reasoned order and same shall be communicated to the petitioners by fortnight thereafter.

7. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)