Astam Kumar Saha v. State Of West Bengal And ORS.

26.06.2025 Court No. 18 Item No. 42 (Suvendu) WPA 12701 of 2025 Astam Kumar Saha -Versus- The State of West Bengal & Ors.

Mr. Santanu Maji Ms. Debrani Mondal Ms. Rima Banerjee .....for the petitioner Md. Sarwar Jahan Sk. Nayeemul Haque Ms. Tapati Sarkar ......for the respondent nos. 8 & 9 Mr. Ratul Biswas Mr. Kaushik Chowdhury ....for the WBBPE 1) Affidavit of service filed on behalf of the petitioner is taken on record.

2) By presenting this writ petition, petitioner has claimed sanction of "A" category scale of pay upon giving credence to B.Ed. qualification which petitioner is possessing. In support of such contention, reliance is placed on the judgment of the Hon'ble Division Bench dated 30th July, 2024 passed on intra-court appeal being MAT 1038/2024 (Waliur Rahaman & Ors. Vs. The State of West Bengal & Ors.).

3) It is submitted on behalf of the petitioner that when similarly circumstanced other

candidates who are working as primary teachers are getting "A" category scale of pay in consideration of their B.Ed. qualification why the petitioner will be deprived of "A" category scale of pay.

4) Respondents are represented by learned advocates who have opposed the prayer of the petitioner since according to the respondents for getting "A" category scale of pay candidate is required to obtain D.EL.Ed. qualification or six months Bridge Course is to be completed to become eligible for receiving "A" category scale of pay.

5) Paragraph 13 of the order of the Hon'ble Division Bench dated 30th July, 2024 discloses a situation where similarly circumstanced candidates were sanctioned "A" category scale of pay though they did not complete six months Bridge Course.

6) It is also apparent from the submissions made on behalf of the parties that modality of six months Bridge Course has not yet been formulated by the appropriate authority.

7) In view of aforesaid situation, petitioner is granted leave to make a representation to the Commissioner of School Education, West Bengal enclosing necessary documents by three weeks

from date claiming "A" category scale of pay. In the event representation is made within the prescribed time before the Commissioner of School Education, same shall be decided in accordance with law by passing a reasoned order after granting opportunity of hearing to the petitioner or his representative within a period of sixteen weeks thereafter. Decision to be taken by the Commissioner of School Education shall be communicated to the petitioner by fortnight thereafter.

8) Writ petition stands disposed of.

9) There shall be, however, no order as to costs.

10) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)