Calcutta High Court Extends Restraining Order on State’s Financial Aid to Terminated Non-Teaching Staff

The Calcutta High Court on Friday extended till January 30 its interim order restraining the West Bengal government from providing monetary assistance to non-teaching staff who lost their jobs following a Supreme Court ruling that annulled the 2016 School Service Commission (SSC) recruitment process.

Justice Amrita Sinha, while hearing the matter, directed that the restraining order subsisting in the case would remain in force until January 30 or until further orders, whichever is earlier. The extension was made at the request of the state government’s counsel.

On June 20, Justice Sinha had initially restrained the government from implementing its relief scheme, which proposed to provide ₹25,000 each to terminated Group C employees and ₹20,000 each to Group D employees. The scheme was framed to provide “limited livelihood, support and social security on humanitarian grounds” to families of the affected staff, pending orders from competent courts.

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The interim restraint was originally valid till September 26, but has now been extended.

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The scheme came under challenge through three separate petitions, with petitioners opposing the financial assistance on the grounds of unfairness. They argued that while they too remained unemployed and in need of aid, the government was instead providing relief to those whose appointments were declared illegal by the apex court.

In its earlier order, the High Court observed:

“Proceeding to provide payment to the tainted candidates instead of proceeding to obtain a refund of the payment received by them calls for interference by the Court.”

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The Supreme Court’s judgment had a far-reaching impact, resulting in the dismissal of more than 25,000 teaching and non-teaching staff across government-run and aided schools in West Bengal. The apex court found the 2016 SSC recruitment process to be “tainted,” leading to the wholesale termination of appointments.

The matter will now come up for further hearing after the extended restraining order lapses, unless fresh directions are issued by the court.

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