Swati Lahity v. State Of West Bengal & ORS

25.03.2025.

PB Sl. No.253.

Ct. No.25.

WPA 7471 of 2014 With CAN 4 of 2025 Swati Lahiry Vs.

The State of West Bengal & Ors.

Mr. Samim Ahmed, Mr. Arka Maiti, Ms. Saloni Bhattacharjee, Mr. Gulsanwara Pervin.

.....for the petitioner.

Mr. Dipanjan Datta, Ms. Sukanya Datta.

.....for the State.

The present writ petition relates to the subject matter as to whether the petitioner would be eligible for grant of higher pay scale in honors/post-graduate category, pursuant to his obtaining the post-graduate degree.

The petitioner has made a representation dated June 16, 2011, addressed to the Director of School Education, West Bengal, for allowing her the postgraduate pay scale. Learned advocate for the petitioner has submitted that in terms of the law settled in this regard by the Hon'ble Larger Bench of this Court in the case of Utpal Kanti Karan Vs. State of West Bengal & Ors. reported in 2024 SCC Online Cal 1274, the

petitioner would be eligible for grant of post-graduate pay scale from the date as stipulated.

None appears for the respondent in spite of service of notice.

Hence, the mater is heard and being disposed of by directing the said respondent the Commissioner of School Education (the then Director of School Education, West Bengal), to consider the petitioner's representation dated June 16, 2011, and dispose of the same in the light of the Hon'bel Larger Benche's judgment in Utpal Kanto Karan (supra) and by issuing a reasoned order.

In doing so, the said respondent shall afford reasonable opportunity of hearing to the petitioner and conclude the exercise as above, within a period of four weeks from the date of communication of copy of this order.

With the direction as above, the writ petition is disposed of.

(Rai Chattopadhyay, J.)