Form No. J(2) Item No. DL / 1-6 ARPAN – A.R.(CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. NO 13283 OF 2025

BISWAJIT ROY

VS.

THE STATE OF WEST BENGAL & OTHERS

With

W.P.A. NO 13285 OF 2025

SUDESHNA HAZRA

VS.

THE STATE OF WEST BENGAL & OTHERS

With

W.P.A. NO 13287 OF 2025

AMBIKA JASH

VS.

THE STATE OF WEST BENGAL & OTHERS

With

W.P.A. NO 13290 OF 2025

BINOD KUMAR SHAW

VS.

THE STATE OF WEST BENGAL & OTHERS

With

W.P.A. NO 13296 OF 2025

RINTU CHATTOPADHYAY

VS.

THE STATE OF WEST BENGAL & OTHERS With W.P.A. NO 13300 OF 2025 SOUMITRA DAS VS.

THE STATE OF WEST BENGAL & OTHERS BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA For the Petitioners : Mr. Sounak Bhattacharya, Adv.

Mr. Chandra Nath Sarkar, Adv.

Mr. Sounak Mondal, Adv. Mr. Abhirup Halder, Adv.

Mr. Anirban Saha Ray, Adv.

For the State : Mr. Supriyo Chattopadhyay, AGP.

(In WPA 13283/2025) Mr. Suman Dey, Adv.

Ms. Subhasri Chatterjee, Adv.

For the State : Mr. Biswabrata Basu Mallick, AGP (In WPA 13285/2025) Ms. Parna Roy Choudhury, Adv.

For the State : Mr. Supriyo Chattopadhyay, AGP.

(In WPA 13296/2025) Mr. Sabyasachi Mondal, Adv.

For the State : Mr. Supriyo Chattopadhyay, AGP.

(In WPA 13300/2025) Ms. Sayantani Bhattacharyay, Adv.

Hearing Concluded On : 25.08.2025 Judgment On : 25.08.2025 SAUGATA BHATTACHARYYA, J.:

1. Matters are heard in presence of the learned advocates representing the petitioners and State respondents. Since common issue is involved in all the writ petitions, these writ petitions are heard together as analogous matters.

2. In the writ petitions order dated 21^st February, 2025 of the Principal Secretary, Government of West Bengal, School Education Department is under challenge whereby prayer of the writ petitioners for granting identical service benefits which were extended in terms of the order of the Hon’ble Supreme Court dated 16^th July, 2024 passed in Special Leave to Appeal (Civil) No.14355 of 2021 (The State of West Bengal & Ors. vs.

Anirban Ghosh & Ors.) was spurned.

3. Writ petitioners being the contractual part time teachers working in higher secondary section of different schools, have come up with separate writ petitions claiming service benefits as were extended to similarly circumstanced other contractual part time teachers working in higher secondary section in Government aided higher secondary schools in terms of the judgment of the Hon’ble Division Bench dated 3^rd September, 2020 passed on two intra-Court appeals, first one being MAT 1221 of 2019 (State of West Bengal & Ors. vs. Anirban Ghosh & Ors.) and the aforesaid order of the Hon’ble Supreme Court dated 16^th July, 2024.

4. It is submitted on behalf of the petitioners that all the petitioners approached a Co-ordinate Bench by instituting separate writ petitions and those were disposed of by a common order dated 13^th December, 2024 thereby directing the Principal Secretary, Department of School Education being respondent no.1 herein to decide the claim of the petitioners. Subsequently, respondent no.1 by passing impugned order dated 21^st February, 2025 decided that the benefits should be confined to the private respondents and/or impleaders and/or intervenors as were referred to in the order of the Hon’ble Supreme Court dated 16^th July, 2024. Since petitioners were neither private respondents nor intervenors and/or impleaders, they were found to be not eligible to receive identical service benefits being contractual part time teachers of higher secondary section by the respondent no.1.

5. In support of the case made out in the writ petitions learned advocate representing the petitioners submits petitioners are similarly circumstanced like private respondents and intervenors/impleaders before the Hon’ble Supreme Court and they are entitled to receive similar service benefits of basic pay in the scale of pay of regular teachers working in higher secondary section in Government aided higher secondary schools for the period from 28^th July, 2010 till 24^th December, 2013 when previous Government orde