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28.01.2026

Ct. No. 18

Sl. No.36

skg

WPA 10175 of 2024

Pranab Kumar Roy

Vs.

The State of West Bengal & Ors.

Mr. Kallol Basu,

Mr. Suman Banerjee,

Ms. Oindrila Ghosal,

…for the petitioner.

Mr. Sk. Md. Galib, Sr. Govt. Adv.,

Mr. Shamim Ul Bari,

Mr. Parikshit Goswami,

…for the State respondents.

Mr. Shambhu Manna (Asst. teacher)

Mr. Subrata Halder (Asst. teacher)

… in person on behalf of the School.

1. The petitioner was serving as an assistant teacher of

the school. He was arrested in connection with a

criminal case on 2nd June, 2012 and stood suspended

by the school on 3rd June, 2012. He was released on

bail and permitted to join the school on 5th July, 2014.

2. The case made out by the petitioner is that, despite

permission to join school, he was not allowed to enter

the school premises; rather prevented at the gate of

the school by outsiders and strangers. He was

physically assaulted in front of the school gate for

which he lodged complaint before the Tamluk Police

Station giving rise to Tamluk PS case no. 420 of 2014.

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3. An enquiry was conducted through the District

Inspector of Schools (S.E.) Purba Medinipur and the

enquiry report dated 17th March, 2015 is annexed at

page 73 of the writ petition.

4. It appears therefrom that on the date of enquiry the

petitioner was absent though he was informed to be

present. At the time of discussion with the staff it

revealed that more than 500 persons including men

and women gathered in front of the school gate before

the enquiry team could reach the school. Those

persons protested with slogans on loud speakers

against the petitioner so that he does not enter the

school and join service. The petitioner was threatened

with dire consequences.

5. At the time of enquiry, the teacher in-charge and the

Assistant Head Master and Secretary of the Managing

Committee disclosed that they have no objection if the

petitioner joins the school but the local situation was

completely against his joining. The representatives of

the school also expressed their apprehension that the

life of the petitioner may be in danger if he tries to

enter the school for joining.

6. The head master of the school was also under

suspension on the day of the enquiry. The

representatives of the school expressed their opinion

that the petitioner ought to take transfer to any other

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school for continuing his service and drawing arrears

of salary.

7. The West Bengal Board of Secondary Education also

communicated to the District Inspector of Schools to

take necessary steps so that the petitioner gets his due

salary and performed his duty in the school.

8. The representatives of the District Inspector of Schools

opined that the petitioner should be allowed to join the

school and his arrear salary should be released in his

favour. The school also opined that his service should

be regularized and his security should be ascertained.

9. Despite such enquiry report, the petitioner neither

could join the school nor did he get his arrear salary.

He filed a writ petition before this Court being WPA no.

18649 (w) of 2015 wherein direction was passed upon

the Commissioner of School Education to consider the

petitioner’s prayer.

10. In compliance thereto the Commissioner of School

Education passed a reasoned order on 27th June, 2016

opining that the school authority should cooperate and

show utmost sincerity so that the petitioner can

resume his duty. The school was directed not to

engage any unapproved casual person for taking

classes in place of the petitioner. Direction was

passed for releasing the arrear subsistence

allowance/salary in accordance with law. The

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Commissioner of School Education also opined that

the petitioner may avail the benefit of transfer.

11. Despite such direction, the petitioner was unable to

join and has not been paid his salary. The petitioner

stood convicted vide judgment dated 18th April, 2018

and he is in jail custody till date.

12. The submission is that the family of the petitioner is

suffering from acute financial crisis. Prayer has been

made to direct