05.01.2026 Sl. No.9(ML)

Ct. No.14

srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P.A. No. 6720 of 2025

Md. Soleman Shuikh

Versus

The State of West Bengal & Ors.

Mr. Soumya Dev Naskar

…for the Petitioner.

Mr. Ambar Nath Banerjee

…for the State.

Mr. Avishek Prasad,

Mr. Sourodeep Singha …for the DPSC, Malda.

1. By the present writ petition, the petitioner seeks

direction upon the respondent authorities to condone the deficiency in the service period of the petitioner to get seniority, promotion and retirement benefits considering the delay caused on the part of the

respondents in case of the petitioner.

2. The petitioner contends that he participated in the

recruitment process of primary teachers under District Primary School Council, Malda in the year 2009. Due to several litigations, the panel was not published. Ultimately, by dint of an order dated 8^th January, 2021 passed in WPA 15128 of 2017 the authorities published the panel and the petitioner was appointed and he joined on 5th October, 2021 as Assistant Teacher in Sardaha Golapnagar Pry. School. There is a delay of six years due to laches on the part of the

respondent authorities for issuing the appointment letter. On 13^th March, 2025, the petitioner made a representation seeking for promotional benefits. However, no steps have been taken as yet. Hence, this writ petition.

3. Mr. Soumya Deb Naskar, learned Advocate appearing for the petitioner submits that due to laches on the part of the respondent authorities there is delay in issuance of appointment letter to the petitioner, which has affected the rights of the petitioner so far as his promotional benefits as well as financial benefits are concerned. The petitioner made a representation on 13^th March, 2025 before the Principal Secretary, Department of Education, Government of West Bengal for redressal of his grievance. However, the same has not been decided as yet. He seeks that matter be relegated to the Principal Secretary, Department of Education, Government of West Bengal for considering the representation of the petitioner dated 13^th March, 2025.

4. Mr. Ambar Nath Banerjee, learned Advocate for the State as well as Avishek Prasad, learned Advocate for the District Primary School Council, Malda submits that the delay in issuance of appointment letter cannot be solely attributed to the respondent authorities for the reason that the recruitment process, 2009 was stayed by the Hon’ble Court. Therefore, there is no scope for the authorities to publish the panel and issue appointment letters. It is only after passing of the order dated 8^th January, 2021 in WPA 15128 of 2017 , the panel has been published and the appointment letter has been accordingly issued. However, since the representation has been made by the petitioner to the Principal Secretary, Department of Education, Government of West Bengal, the matter may be relegated to the appropriate authority to consider his representation.

5. In view of the submissions advanced on behalf of the appearing parties, the Principal Secretary or any appropriate authority authorised by him is directed to consider and dispose of the representation of the petitioner dated 13^th March, 2025 in accordance with law upon notice to the petitioner within a period of six weeks from date communication of this order by passing a reasoned order. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order.

6. With the above direction, the writ petition being WPA

6720 of 2025 stands disposed of.

7. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

8. Interim order, if any, stands vacated.

9. All connected applications, if any, stand disposed of.

10. There shall be no order as to costs.

11. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

(Bivas Pattanayak, J.)