Bidhan Chandra Das v. State Of West Bengal And ORS.

06.02.2026 Sl. No.9(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No.16286 of 2025 Bidhan Chandra Das

Versus

State of West Bengal & Ors.

Mr. Shuvro P. Lahiri Mr. A. Mondal ...for the Petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Pinaki Bhattacharya ...for the DPSC, North 24-Parganas.

Mr. Ratul Biswas Mr. Kaushik Chowdhury ...for WBBPE.

Mr. Anand Farmania, Mr. Indrajit Ghosh ...for the State.

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. By the present writ petition, the petitioner seeks direction upon the respondent authorities particularly respondent No.2, the Commissioner of School Education, West Bengal to consider the representation of the petitioner dated 14th May, 2025 for grant of 8A9 category scale of pay.

3. The petitioner contends that he is an Assistant Teacher of Monoharpur FP School under Hasnabad South Circle, District-North 24-Parganas appointed in the year 2017. The petitioner has not yet completed six months bridge course. On 14th May, 2025 the petitioner made a representation for grant of 8A9

category scale of pay. However, the same is still pending consideration. Hence, this writ petition.

4. Mr. Shuvro P. Lahiri, learned Advocate appearing for the petitioner submits that in similar circumstances the Court has directed for consideration of the representation of the petitioner in accordance with law. He seeks that similar direction be issued by relegating the matter to the appropriate authority for due consideration. In support of his contention, he relies on the following decisions:

(i) Waliur Rahaman & Ors. versus The State of West Bengal & Ors. (In Re: MAT 1038 of 2024) (ii) Khokan Das versus The State of West Bengal & Ors. (In Re: WPA 13023 of 2025) (iii) Mahammad Enamul Haque versus The State of West Bengal & Ors. (In Re: WPA 29672 of 2024) (iv) Rezaul Saikh & Ors. versus The State of West Bengal & Ors. (In Re: WPA 22526 of 2024)

5. On the contrary Mr. Ratul Biswas, learned Advocate appearing for the West Bengal Board of Primary Education submits that at the time when the petitioner was appointed, B.Ed.

was not a criteria for appointment as primary school teachers. Therefore, the petitioner cannot claim 8A9 category scale of pay on the basis of B.Ed. qualification.

6. Mr. Anand Farmania, learned Advocate appearing for the State submits that the matter may be relegated to the appropriate authority for due consideration.

7. In the earlier writ petitions in Khokan Das (supra), Mahammad Enamul Haque (supra) and Rezaul Saikh (supra) the appropriate authority was directed to consider the representations of the petitioners therein claiming 8A9 category scale of pay.

8. In line with the aforesaid decisions, respondent no.2, the Commissioner of School Education, West Bengal is directed to consider the representation of the petitioner dated 14th May, 2025 and dispose of the same by passing a reasoned order in accordance with law upon notice to the petitioner within a period of eight weeks from the date of communication of this order.

9. Learned advocate for the petitioner is directed to communicate this order to the respondent no.2, the Commissioner of School Education, West Bengal for necessary action.

10. With the above direction, the writ petition being WPA 16286 of 2025 stands disposed of.

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

12. Interim order, if any, stands vacated.

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

14. There shall be no order as to costs.

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

16. 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.)