Basanti Saha (Paul) v. State Of West Bengal And ORS.

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(DL) (DL) 21.05.2025 21.05.2025 Ct. No. 18 (ARPAN) W.P.A. 9630 OF 2025 Smt. Basanti Saha (Paul) Vs.

The State of West Bengal & Others Mr. Sajal Kanti Bhattacharyya, Adv.

Mr. Sankar Halder, Adv.

Mr. Sarthak Burman, Adv.

...for the Petitioner Mr. Bhaskar Prasad Vaisya, AGP Mr. Nilay Baran Mandal, Adv.

...for the State Mr. Ratul Biswas, Adv.

Mr. Kaushik Chowdhury, Adv.

...for W.B.B.P.E.

Mr. Arindam Chattopadhyay, Adv.

...for D.P.S.C., Nadia Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner was appointed as Primary Teacher on 9th December, 2014 and at the time of appointment she was not having teacher training qualification. Petitioner obtained D.El.Ed qualification and certificate was issued on 26th August, 2022 as it appears from page 57 of the writ petition. Final D.El.Ed examination was held in the month of March, 2019. Petitioner prays for sanction of 'A' category scale of pay on the strength of her D.El.Ed qualification.

State respondents, West Bengal Board of Primary Education and District Primary School Council, Nadia are represented by learned advocates who have submitted that if petitioner obtained D.El.Ed qualification and certificate was issued on 26th August,

2022, in that event, if criteria are fulfilled, petitioner is entitled to receive 'A' category scale of pay. Having considered the respective submissions made on behalf of the parties, writ petition stands disposed of granting leave to the petitioner to make a representation to the Commissioner of School Education, West Bengal being respondent no.2 by fortnight from date claiming 'A' category scale of pay. If such representation is made within the aforesaid time, respondent no.2 shall decide the same, in accordance with law, within a period of eight (8) weeks from the date of receipt of representation after granting opportunity of hearing to the petitioner or her representative. Respondent no.2 shall pass a reasoned order and same shall be communicated to the petitioner by fortnight thereafter.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)