19.02.2025 Ct. No. 18 adeb W.P.A. 512 of 2025 Ganapati Porey Vs.

The State of West Bengal & Ors.

Mr. Kamalesh Bhattacharya Mr. Aninda Bhattacharya …for the petitioner Mr. Santanu Chatterjee …for the State Md. Sarwar Jahan Mr. Asif Mehdi Mr. Kaustav Roy …for the respondent no. 8 Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja …for the Board Affidavit-of-service filed on behalf of the petitioner is taken on record.

Writ petition is heard in presence of the learned advocates representing the parties.

By presenting this writ petition claim has been laid by the petitioner for release of arrear dues which accrued due to difference of salary which was payable to the petitioner and subsistence allowance which was actually paid to the petitioner for the period from 21^st April, 2024 to 10^th September, 2024.

Petitioner is an Assistant Teacher in Rathipur Barada Banipith (H.S.), Paschim Medinipur (hereinafter referred to as “said school”) who was implicated in a criminal proceeding and taken into custody on 12^th February, 2023. Petitioner remained in custody from 12^th February, 2023 to 24^th February, 2023 and was enlarged on bail on 24th February, 2023. Petitioner resumed duty on 25^th February, 2023 as an assistant teacher of the said school. Petitioner worked post obtainment of bail from 25^th February, 2023 till 20^th April, 2024. President, Ad-hoc Committee of West Bengal Board of Secondary Education (hereinafter referred to as „Board‟) issued suspension order on 8^th April, 2024 and same was communicated vide memo dated 19^th April, 2024 to the school authority. For giving effect to the suspension order dated 8th April, 2024 petitioner was placed under suspension with retrospective effect from 12^th February, 2023 being the date when petitioner was taken into custody but petitioner could not attend the school on and from 21^st April, 2024. Subsequently, taking into consideration the issue President of the Board passed order dated 10^th September, 2024 withdrawing suspension order with retrospective effect from 12^th February, 2023 and the said school authority was directed to submit before the Board resolution of the Managing Committee showing that the petitioner was allowed to resume duty along with all his service benefits with effect from 25^th February, 2023.

Mr. Kamalesh Bhattacharya, learned advocate representing the petitioner submits that the suspension order dated 8^th April, 2024 was passed and effect of such order is retrospective suspension for a period from 12^th February, 2023 till 24^th February, 2023 since petitioner resumed his duty on 25th February, 2023. Reliance is placed on the relevant part of the order of the President of the Board dated 10^th September, 2024 whereby Managing Committee of the said school was directed to adopt resolution for releasing all service benefits with effect from 25^th February, 2023. It is the contention of the petitioner at best suspension period of the petitioner should be treated from 12^th February, 2023 to 24^th February, 2023 not beyond that. There is another limb of submission which is advanced on behalf of the petitioner that it is true that he could not function as assistant teacher of the school for the period from 21^st April, 2024 till 10^th September, 2024 but for that no fault is attributable to the petitioner rather it was due to suspension order passed by the Board dated 8th April, 2024 with retrospective effect from 12th February, 2023. It is also submitted that for a particular period of time subsistence allowance was also not paid to the petitioner.

Mr. Sarwar Jahan, learned advocate representing the said school has drawn attention of this Court to Rule 6 of West Bengal Board of Secondary Education (Appointment, Confirmation, Conduct and Discipline of Teachers and Non-Teaching staff) Rules, 2018 in order to contend that in terms of first proviso to Rule 6(3) during suspension period no annual increment, career advancement scheme benefit, revision of pay, any other benefit declared b