IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE MAT 849 of 2025 +

IA NO. CAN/1/2025 Md. Golam Mehbub.

-Vs.-

State of West Bengal & Ors.

Before: The Hon’ble Justice Arijit Banerjee &

The Hon’ble Justice Apurba Sinha Ray For the appellant : Mr. Ziaul Islam, Sr. Adv., Ms. Muskaan Chowdhury, Adv., For the State Respondent : Mr. Manas Kundu Adv., Mr. Md. Mansoor Alam, Adv., For the respondent nos.4 & 5. : Mr. Koustava Ratan Chatterjee, Adv., For orders on : 11.03.2026 Arijit Banerjee, J. :-

1. This appeal is directed against a judgment and order dated April 29, 2025, whereby the appellant’s writ petition being WPA 3442 of 2023, was dismissed by a learned Judge of this Court.

2. The appellant approached the learned Single Judge with the grievance that his honorarium has been withheld since November, 2021, in spite of he having rendered service as a teacher at Soukat Ali Memorial Madrasah Shiksha Kendra continuously from 2009.

3. It appears that the Madrasah in question was established in Village Dhawapara, district Nadia by some local individuals who managed the same. In due course, the Madrasah sought formal recognition from the competent authority. On September 3, 2008, a District Level Inspection Team (DLIT), conducted an inspection of the Madrasah and submitted a report. Admittedly the petitioner’s name was not there in the report as a member of the teaching staff. By an order dated October 19, 2010, issued by the competent authority, the institution was converted into a Madrasah Shiksha Kendra (in short, MSK) with effect from March

1, 2010.

4. In the year 2010, the petitioner and another person, Md. Asif Iqbal, were appointed as teaching staff members of the said MSK. Since then, both of those appointees had been rendering service to the MSK. However, by a memo dated December 31, 2021, the District Officer, Minority Affairs, Nadia, instructed the Mukhya Shiksha Samprasarika of the said MSK not to release the honorarium of the petitioner and the said Asif Iqbal. The said memo was issued on the basis of a memo December 27, 2021, issued by the Director of Madrasah Education, Govt. of West Bengal. The primary grounds for stopping the honorarium of the petitioner and the said Asif Iqbal were, firstly, the DLIT report did not include their names; and secondly only one teacher can be retained in a single group, thereby rendering the said two person’s continued engagement impermissible.

5. Before the learned Single Judge, it was argued on behalf of the petitioner that he was appointed as an Assistant Teacher in Bengali at the said MSK. Relying on a memorandum dated February 17, 2011, issued by the District Officer, Minority Affairs, Nadia, it was contended that the petitioner’s appointment was duly approved by the competent authority. It was argued that the petitioner has rendered unblemished service to the said MSK for a long period. Hence, there was no reason for stopping his honorarium. It was an arbitrary decision on the part of the concerned authority.

6. On behalf of the State learned Advocate submitted that admittedly the petitioner’s name did not find place in the DLIT since the petitioner was not a member of the teaching staff of the said MSK at the relevant time. Referring to the memo dated February 17, 2011, it was contended that the petitioner was appointed by the Secretary of the MSK to address an emergent situation. Such appointment was provisionally approved for a period of 2 years with effect from March 1, 2010. There is nothing to show that upon expiry of the said period of 2 years, the petitioner’s appointment was regularized or continued by the competent authority. It was further submitted that the petitioner continued in the said post without formal approval and is now claiming to be treated at par with the permanent teachers at the said MSK.

7. Referring to an unreported decision of a learned Judge of this Court in WPA 4143 of 2024 filed by the aforesaid Asif Iqbal, it was submitted that Asif had also