Tanima Chakraborty v. State Of West Bengal And ORS.

01.04.2024 Court No.13 Item No.2665 AP WPA 8507 of 2023 Tanima Chakraborty Vs.

The State of West Bengal and Ors.

Mr. Bidyut Kumar Halder Mr. Indranil Halder Ms. Neha Singh ... For the Petitioner.

Mr. Supriyo Chattopadhyay Ms. Sayantanee Bhattacharya ... For the State.

1.

Affidavit-in-opposition and affidavit-in-reply filed in Court today is taken on record.

2.

The petitioner has been appointed as an Assistant Teacher in Ananda Ashram Junior Basic School on 30th July, 2015 by the Kolkata Primary School Council. 3.

She has acquired certificate of teaching from the Directorate of School Education, Government of West Bengal on 2nd June, 2022 for the session 1999-2000. The respondents have not granted A category pay scale to the petitioner and hence the writ petition.

4.

This Court has been found in several cases that the delay in completing the teachers training course leading to the certificate of teaching issued by the DSE cannot be attributed to the petitioner. This Court accordingly allowed A category pay scale to several such teachers in several matters. In those circumstances, this Court directs the respondent Nos.3 to 5 to take a decision

on the grant of A category pay scale to the petitioner mandatorily and positively within a period of one month from the date of communication of a copy of this order and communicate the same to the petitioner forthwith. 5.

If the petitioner is found entitled to such A category pay scale, it shall be afforded to her in terms of the rules of the State and granted to the teachers under the orders referred to hereinabove, from the date such teachers have been granted the benefit.

6.

With the aforesaid directions, the writ petition is disposed of.

7.

There shall be no order as to costs.

8.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)