Sankar Sarkar v. State Of West Bengal And ORS.

02.01.2026 Sl. No.16 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/9770/2025 SANKAR SARKAR VS STATE OF WEST BENGAL AND ORS.

Mr. Anindya Lahiri. Ld. Sr. Adv.

Ms. Pranati Das Mr. Subhomay Paul Mr. Anish Chakraborty ...for the Petitioner.

Mr. Pinaki Dhole, Mr. Indranil Nandy ...for the State.

Mr. Avishek Prasad, Mr. Sourodeep Singha ...for DPSC, Malda.

1.

By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant 'A' category scale of pay in favour of the petitioner with effect from the date of last examination i.e. 25th March, 2019 or the date of publication of the result i.e. 11th June, 2019.

2.

The petitioner contends that the petitioner is an inservice primary school teacher who has been appointed with B.Ed. qualification. The petitioner completed and successfully passed Professional Development Programme for Elementary Teachers (in short, 'PDPET') - (6 months bridge course) in the session of March, 2019. The results of the said examination have been declared on 11th June, 2019.

The petitioner lost the first copy of the pass certificate issued in his favour. The petitioner obtained second copy on 5th October, 2023. The petitioner has been granted 'A' category scale of pay from 5th October, 2023 and not from date of declaration of the results. Being aggrieved by and dissatisfied with the said action of the concerrned respondent-authorities, the petitioner has preferred the present writ petition. Hence this writ petition.

3.

Mr.

Anindya Lahiri, learned senior advocate appearing for the petitioner submits that the 'A' category scale of pay granted to the petitioner from the date of issuance of the second copy on 5th October, 2023. However, it ought to have been from the date of declaration of the result i.e. 11th June, 2019. In support of his contention he relies on the decision of Hon'ble Division Bench passed in MAT 1522 of 2024 (District Primary School Council, Purba Medinipur & Another v. Chandan Kumar Majee & Others) along with other two matters. 4.

Admittedly, the petitioner has been granted 'A' category scale of pay with effect from 5th October, 2023. The results have been declared on 11th June, 2019.

5.

At this stage, it would be profitable to reproduce the observation of the Hon'ble Division Bench in Chandan Kumar Majee (supra) as hereunder:

"In view thereof, the orders passed by the learned single Judge in the respective writ petitions are modified to the effect that the writ petitioner/respondent no.1 in the respective appeals shall be granted 'A' category pay scale with effect from the date of result declaration of D. EL. Ed (online) examination held in March 2019, i.e., 22nd May, 2019 and that the arrears shall be paid to the writ petitioners by 15th December, 2025."

6.

In line with the aforesaid observation, the petitioner be granted 'A' category scale of pay with effect from the date of declaration of the results of PDPET, 2019 i.e. 11th June, 2019 and the arrears shall be paid to the petitioner within 10th February, 2026.

7.

Learned advocate for the petitioner is directed to communicate this order to respondent No.1, State of West Bengal and respondent No.4, Chairman/Secretary, Malda District Primary School Council, for necessary compliance.

8.

With the above direction, the writ petition being WPA 9770 of 2025 stands disposed of.

9.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10.

Interim order, if any, stands vacated.

11.

All connected applications, if any, stand disposed of. 12.

There shall be no order as to costs.

13.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)