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Calcutta High CourtWPA/7713/2024disposed

Kingsuk Dey And ORS. v. State Of West Bengal And ORS.

2024-04-15Hon'Ble Justice Rajasekhar Mantha3 pages

15-04-2024 ct no. 13 Sl. 19 pk WPA 7713 of 2024 Kingsuk Dey and others -VersusThe State of West Bengal & Ors.

Mr. Anindya Lahiri, Ms. Pranadi Das ..for the petitioners.

Mr. Rabindra Nath Pal, Mr. Koustava Ratan Chatterjee ... for the DPSC, Jalpaiguri Mr. Arindam Chattopadhyay ... for the DPSC, Nadia Mr. B. P. Vaisya, Mr. Gourav Das ... for the DPSC, South 24 Parganas.

Mr. Supriyo Chattopadhyay, Mr. Arindam Ghosh ... for the State.

Md. Sarwar Jahan, Sk. Nayeemul Haque ... for the respondent no. 7.

1.

Affidavit of service filed in Court is taken on record.

2.

The writ petition shall stand dismissed insofar as the petitioner nos. 18 to 23 and 28 are concerned.

3.

The writ petition shall also stand dismissed insofar as the other writ petitioners except

petitioner nos. 1 to 13, 32 to 34 are concerned.

4.

Leave is, however, reserved to them to file separate writ petitions on the self same cause of action before the appropriate Circuit Bench or before the Bench as applicable.

5.

The petitioners have prayed for granting "A"

category pay scale to the petitioners from the last date of examination i.e. 16th March, 2019. They have not been given "A" category pay scale.

6.

It is now well settled that a person is deemed to have been qualified from the last date of examination in the event he succeeds the same.

7.

In those circumstances, this Court directs that the petitioners shall be granted "A"

category pay scale after the last date of examination, i.e. 17th March, 2019.

8.

Let the arrears be paid to the petitioners within two months from date.

9.

The order in question is confined to the writ petitioner nos. 1 to 13, 32 to 34 subject to payment of deficit court fees.

10.

The writ petition is disposed of accordingly.

11.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)