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17.02.2026 Ct. No.18 pg.

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1751 of 2026 Rupa Banerjee & Ors.

v.

The State of West Bengal & Ors.

Mr. Kallol Basu Mr. Aditya Mondal Ms. Sushmita Kumari Singh Mr. Shankharit Chakraborty … For the petitioners Ms. Sipra Majumder Mr. Naren Ghosh Dastidar … For the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Mr. Manas Bhattacharyya … For the WBBSE Mr. Kalyan Bandopadhyay, Sr. Advocate Mr. Biswaroop Bhattacharjee Ms. Pramiti Bandopadhyay Mr. Arka Kumar Nag Mr. Rahul Kumar Singh … For the WBCSSC

1. Affidavit of service filed in Court today is taken on record.

2. The petitioners claim to be the untainted candidates of the 2016 recruitment process. Prior to joining service in terms of the 2016 recruitment process, the petitioners claim that, they were engaged with other departments and autonomous bodies of the State.

3. Relying on paragraph 47 of the judgment dated 3rd April, 2025 passed by the Hon’ble Supreme Court in Civil Appeal No. 4800 of 2024 in the matter of State of West Bengal v. Baishakhi Bhattacharjee (Chatterjee) & Others, the petitioners applied for reversion to their previous place of work. There applications were processed and they were issued letter of reversion. The time period for reverting back to the earlier place of work expired.

4. The petitioners pray for extension of time to join the previous job.

5. According to the petitioners, they were unable to revert to the previous job in view of the observation made by the Hon’ble Supreme Court on 17^th April, 2025 in Misc. Application No.709 of 2025 in Civil Appeal No. 4805 of 2025 the matter of West Board of Secondary Education vs. Baishakhi Bhattacharyya (Chatterjee) & Ors. wherein the Court observed that the service of the Assistant Teachers not found to be tainted have been permitted to be continued as the students undergoing study should not suffer on account of lack of teachers and lapses and failures, which have resulted in the order passed by the Court.

6. According to the petitioners, as they were in the midst of the academic session, they were not in a position to join the repatriated posting within the scheduled time period.

7. The petitioners state that currently some of them are acting as invigilators and examiners of the ongoing Madhyamik and Higher Secondary Examination and are also engaged in election duties.

8. Prayer has been made to direct the authority to extend the period for joining in terms of the order of repatriation.

9. Learned senior counsel representing the West Bengal Central School Service Commission submits that as the Hon’ble Supreme Court vide order dated 27^th October, 2025 passed in Contempt Petition (Civil) Diary No.51889 of 2025 in the matter of Puspendu Dubey & Ors. vs. Binod Kumar recorded the submission made by the State that the concerned candidates will be repatriated to their former posts in terms of the directions in paragraph 47 of Baishakhi Bhattacharyya (supra) by 10th November, 2025, accordingly, there is no scope on the part of the respondents to extend the period to join in the repatriated post.

10. It has been submitted that in the order dated 17^th November, 2025 passed in the contempt proceeding, the Hon’ble Supreme Court clearly recorded that the candidates have been permitted to join duty in their repatriated posts and relying on such submission, the contempt proceeding stood disposed of/ closed.

11. Learned advocate representing the State seeks accommodation on behalf of the learned Advocate General.

12. Upon hearing the submissions made on behalf of all the parties and on perusal of the orders passed by the Hon’ble Supreme Court from time to time in the matter of Baishakhi Bhattacharjee (Chatterjee) (supra) and the order passed in the contempt proceeding arising out of the above matter, it appears that the Court in the order dated 17^th November, 2025 was pleased to direct that if the petitioners have any other grievance or issue, they would necessar