Mallika Mahata Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Mallika Mahata Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition WPA 22981 of 2024 disposed of with directions: (i) petitioner's service notionally considered from February 2017, but no actual financial benefit payable prior to her date of appointment; (ii) notional increments granted and length of service computed from February 2017; (iii) increments granted to teachers who joined in February 2017 until November 2022 made available to her prospectively from the date of joining, with revision of her salary slip and pay scale; (iv) all arrears from November, 2022 till date to be paid within eight weeks from communication of the order; no order as to costs; allegations in the writ petition deemed denied since no affidavit invited.

Issue for consideration

Whether the petitioner, a primary school teacher appointed in November 2022 out of the 2016 recruitment process (while similarly circumstanced candidates received appointment letters in 2017), is entitled to notional benefits - notional service counted from February 2017, notional increments, revised salary slip/pay scale and arrears - having regard to the treatment accorded to Animesh Karmakar (WPA 27622 of 2023) and Soham Roy Chowdhury.

Court's answer

The writ petition is disposed of by directing that the service of the petitioner shall be notionally considered from February 2017.

Ratio / Principle

Actual financial benefit shall not be payable to the petitioner prior to her date of appointment.

Key takeaways

The petitioner shall be entitled to the notional increments, and the length of her service shall be computed from February 2017.ratio¶19
Any increment granted to the teachers who joined in February 2017 (until November 2022) shall be made available to the petitioner prospectively from the date of her joining.ratio¶20
The salary slip and the pay scale of the petitioner shall be revised accordingly.

Detailed headnote1 paragraphs

WPA 22981 of 2024 (order dated 16.09.2025): Mallika Mahata, a primary school teacher appointed in November 2022 pursuant to the Court's order of 26th September, 2022 in WPA 20860 of 2022 (Amit Mondal), having participated in the 2016 recruitment process while similarly circumstanced candidates received appointment letters in 2017, prayed for notional benefits. Relying on the standing she shares with the beneficiary of the Co-ordinate Bench order of 11th July, 2024 in WPA 27622 of 2023 (Animesh Karmakar - notional service from February 2017 with notional increments and service-length computation) and with Soham Roy Chowdhury (against whose already-granted benefits an appeal, MAT No.1896 of 2024, is pending before the Division Bench with no interim order, filed after a two-year delay), the Court disposed of the petition by directing: (i) notional consideration of the petitioner's service from February 2017, with actual financial benefit payable only from her date of appointment; (ii) notional increments, with service length computed from February 2017; (iii) increments given to February-2017 joiners until November 2022 to be extended to her prospectively from her joining date, and revision of her salary slip and pay scale; and (iv) payment of all arrears from November, 2022 within eight weeks of communication of the order. No order as to costs; allegations deemed denied as no affidavit was invited. Judge: Rajarshi Bharadwaj, J.