Purna Chandra Charmakar v. The State Of West Bengal And ORS.

02.05.2024.

Court No.13 Item No. 25 ap W.P.A. No. 10126 of 2024 Purna Chandra Charmakar

Versus

The State of West Bengal & Ors.

Mr. Ekramul Bari, Sk. Imtiaj Uddin.

...For the petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Nilay Baran Mandal.

...For the DPSC, Purulia.

Ms. Mitali Mukherjee, Mr. Kartik Chandra Kapas.

...For the State.

1. Affidavit-of-service filed on behalf of the petitioner be kept with the record.

2. It appears from the records of the instant case that the petitioner joined service prior to 2001. He underwent PTTI examination on the directions of the District Primary School Council, Purulia. The examination was held later. The result of the PTTI was, however, declared in the year 2011.

3. Mr. Ekramul Bari, learned counsel appearing for the petitioner relies upon a decision dated January 15, 2020 passed in W.P. No. 15294 (W) of 2018 (Bhriguram Karmakar & Ors. - Vs. - The State of West Bengal & Ors.) whereby it was held that persons similarly situated like the petitioners were entitled to "A" category pay scale with effect from 2005-2006 and consequently entitled to the post of Head Teacher.

4. It may be necessary to distinguish another category of persons who are entitled to "A" category pay scale without being entitled to the post of Head Teacher, after having completed 18 years of continuous service as Assistant Teacher under the WBBPE. The said category, however, has no relevance in the facts of the present case.

5. The aforesaid decision dated January 15, 2020 was carried in appeal by the State along with few other matters before a Division Bench of this Court.

6. By a interim order with detailed reasons, dated February 11, 2021 passed in M.A.T. No. 714 of 2020 (The District Primary School Council, Murshidabad & Another - Vs. - Bhriguram Karmakar & Ors.), a Division Bench of this Court directed that the writ petitioners, respondents therein would be entitled to "A" category pay scale with effect from 2005-2006 subject to the result of the appeal.

7. By the said appeal being M.A.T. No. 714 of 2020, M.A.T. No. 107 of 2022 and four other appeals were disposed of by a judgment dated January 5, 2024 confirming the detailed reasons given in the interim order dated February 11, 2021 (supra). The order of this Bench dated 15th January, 2020 (supra) was therefore upheld.

8. In the above circumstances, the aforesaid decision of the Division Bench dated February 11, 2021 (supra) and January 5, 2024 (supra) are binding on this

Court. The petitioner is, therefore, entitled to "A" category pay scale with effect from the last date of PTTI examination and all consequential benefits within a period of one month from date.

9. The petitioner is, therefore, equally entitled to be empanelled for the post of Head Teacher having regard to his "A" category pay scale subject to the seniority. 10.

With the aforesaid directions, the instant writ petition shall stand disposed of.

11.

There will be no order as to costs.

12.

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.)