Calcutta High Court
WPA/18835/2021 of HOLY CHILD INSTITUTE GIRLS HIGHER SECONDARY SCHOOL AND ORS Vs STATE OF WEST BENGAL AND ORS. on 31 July 2026
2021, W.P.A. 18279 of 2019 and W.P.A. 23986 of 2019 A . Roy,J. Form J(2) Sl. No. 25-27 AB In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy ( Assigned ) W.P.A. 18835 of 2021 With W.P.A. 18279 of 2019 Holy Child
A. Roy,J.
Form J(2)
Sl. No. 25-27
AB
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
( Assigned )
W.P.A. 18835 of 2021
With
W.P.A. 18279 of 2019
Holy Child Institute Girls’ Higher Secondary School & Ors.
Vs.
The State of West Bengal & Ors.
With
W.P.A. 23986 of 2019
+
CAN 1 of 2020
Nandita Mukherjee & Ors.
Vs.
State of West Bengal & Ors.
For the petitioners
In W.P.A.18835 of 2021
&
W.P.A. 18279 of 2019 :
Mr. Sandip Kumar De
Mr. Abhik Chitta Kundu
For W.B.B.S.E.
:
Ms. Koyeli Bhattacharyya
Mr. Bibek Dutta
Mr. Manas Bhattacharyya
For the petitioners
In W.P.A. 23986 of 2019
And
For respondent no. 5 in
W.P.A. 18835 of 2021 and
For respondent nos 4-22
In W.P.A. 18279 of 2019
:
Mr. Pramit Ray, Ld. Sr. Adv. (VC)
Mr. Shaunak Ghosh
Mr. Rajib Mallick
A. Roy,J.
Ms. Priyanka Barik
Ms. Atmaja Bandyapadhyay
Heard on
:
July 31, 2026
Judgment on :
:
July 31, 2026
[ IN COURT ]
Aniruddha Roy,J.
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1. These are assigned writ petitions.
2. The school is one, the teachers are of the same school but under two categories, namely, retired and in-service but of the same school. The employment benefit of the teachers is the subject matter in effect in all these three writ petitions.
3. The rival contentions of the parties would show that, the school says no benefits/further benefit are to be given as claimed by the teachers both retired and in-service and the contentions of the teachers are that, the benefits are to be given. The entire issue and cross issue would depend upon the existing State policy. The existing State policy would be available from the existing circulars/notifications/departmental orders. Since the school is a minority community school, Principal Secretary of the School Education department is the jurisdictional and appropriate authority to decide the issue in accordance with law.
4. In view of the above, following directions are made:
(a) The school, retired teachers and in-service teachers shall submit their respective comprehensive representations before
A. Roy,J.
the Principal Secretary, School Education department positively within four weeks from date. Such representations shall be exchanged between such parties so that every party should have the representations of the two others. Each such representation shall not travel beyond the scope of their respective contentions in these three writ petitions; (b) Upon issuing a prior hearing notice of at least ten days to the school and both categories of teachers, the Principal Secretary, School Education department after granting them an opportunity of hearing shall decide the said three representations by passing a common reasoned order strictly in accordance with law;
(c) The entire exercise shall be carried out and completed by the Principal Secretary, School Education department positively by eight weeks from the date of receiving the last representation; (d) The Principal Secretary, School Education department then shall communicate its reasoned order to the school and both categories of teachers positively within a period of two weeks from the date of the said reasoned order to be passed; (e) Depending upon the nature of the reasoned order to be passed all necessary and consequential steps shall be taken by the parties/school authorities/jurisdictional State
A. Roy,J.
authorities, if any, as the case may be but strictly in accordance with law and positively within a further period of six weeks from the date of communication of the reasoned order.
5. It is made clear that, this order shall not create any right or equity in favour of any of the parties, in the event they are not eligible to receive their respective claims either whole or in part, strictly in accordance with law.
6. It is also made clear that, this Court has not gone into the merits of the rival contentions of the parties and the school, and the said both categories of teachers shall be entitled to take whatever points they want to take before the Principal Secretary, School Education department but the same shall not travel beyond their contentions in these three writ petitions. The parties shall also be at liberty to rely upon whatever records and documents they wish to rely upon before the Principal Secretary, School Education department.
7. After the hearing will be concluded before the Principal Secretary, School Education department, the parties shall be at liberty to file their respective written notes before the Principal Secretary, School Education department simultaneously.
8. With the above observations and directions, these writ petitions being stand disposed of, without any order as to costs.
9. In view of the above, connected applications, if any, stands disposed of.
W.P.A. 18835 of 2021, W.P.A. 18279 of 2019 and W.P.A. 23986 of 2019 A. Roy,J.
30. Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)