28.01.2026 sdas WPA 21182 of 2025 Goutam Kumar Sasmal Vs.

The State of West Bengal & Ors.

Mr. Kaushik Dey Mr. Sanjib Kumar Dan Mr. Dip Jyoti Chakraborty Mr. Chitrak Biswas …. for the petitioner Mr. Rajarshi Basu Mr. K. M. Hossain ….. for the State

1. The petitioner was appointed to the post of Assistant Teacher in the Vivekananda Loksiksha Niketan, Purba Midnapore, on December 1, 2005, under the scale of pay ranging from Rs.4650/- to Rs.10,175/-. The scale of pay was inadvertently mentioned as such, since by the Memorandum No. G.O. No. 531-Edn.(MEE) dated 30.03.1999 of the Mass Education Extension Department of the Government of West Bengal dated March 30, 1999, the pay and allowances of handicapped persons was revised.

2. Thus, from the date of appointment (01.12.2005), the petitioner was entitled to the scale of pay ranging from Rs.6,000/- to Rs.12,000/-. Not having been given such scale of pay, the petitioner approached the Hon’ble Court by way of the instant writ petition.

3. Mr. Basu, learned Advocate appearing for the respondent no. 3, pursuant to a direction dated November 10, 2025, has filed his report which is kept on record.

4. The respondent no. 3, in his report, has fairly admitted as follows :-

“It is admitted that the petitioner is coming within the purview of the Memorandum No. G.O. No. 531-Edn(MEE) dated 30.03.1999 which is Revision of Pay and Allowances Rules, 1998 for the Handicapped Institutions”.

5. In view of such admission and indeed fair stand taken by the respondent no. 3, the respondents will disburse the arrears of salary of the petitioner depending on the scale of pay from December 1, 2005 till January 31, 2026 by March 30, 2026.

6. The respondent authorities will commence payment of the petitioner’s salary from February 2026 at the enhanced/ revised scale of pay in terms of the Memorandum dated March 30, 1999.

7. The respondent no. 3 will also consider the interest component since the petitioner is entitled to the payment since December 2005, which he has not received. The petitioner has been discharging his duties without any default or demur.

8. The consideration of the interest component will also be disbursed by March 30, 2026.

9. With the aforestated directions, the writ petition is disposed of.

10. There shall, however, be no order as to costs.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)