Tuhin Hossain And ORS. v. The State Of West Bengal And ORS.
06.02.2026 Sl. No.2 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19001 of 2025 Tuhin Hossain & ors.
Versus
The State of West Bengal & Ors.
Md. Habibur Rahman ...for the Petitioners Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE Mr. Biswabrata Basu Mallick Mr. Biman Halder Mr. Amman Arif Ansari ... for the DPSC, Hooghly Ms. Mousumi Haldar Chowdhury ... for the State 1.
This matter is appearing in the list under the heading 'To Be Mentioned'.
2.
By the present writ petition, the petitioners seek for direction upon the respondent no.2, the Commissioner of School Education, Government of West Bengal, to approve the service of the petitioners in 'A' category scale of pay in favour of the petitioners from the date of their joining.
3.
The petitioners contend that the petitioner no.1 joined as an Assistant Teacher in Joykrishnapur Panchanantgala Primary School, P.O. Begampur, P.S. Chanditala, District Hooghly on 20th July, 2021, the petitioner no.2 joined as an Assistant Teacher in
Monoharpur Chamundamata Primary School, P.O.
Dankuni, District Hooghly on 20th July, 2021 and the petitioner no.3 joined as an Assistant Teacher in Ramchandrapur Primary School, P.O. Hawakhana, District Hooghly on 18th February, 2021.
The petitioners joined the service with B.Ed. qualification. However, they have not been granted 'A' category scale of pay. Hence, this writ petition.
4.
Md. Habibur Rahman, learned Advocate appearing on behalf of the petitioners submit that the petitioners are entitled to 'A' category scale of pay since they joined in service in the year 2021 with B.Ed. qualification which was eligible criteria at that point of time.
5.
Mr. Koushik Chowdhury, learned Advocate appearing on behalf of the West Bengal Board of Primary Education submits that till date no such representation has been made by the petitioners before the authority concerned seeking 'A' category scale of pay.
6.
In view of the above, liberty is granted to the petitioners to make comprehensive representation before respondent no.2, Commissioner of School Education, Government of West Bengal, within a period of four weeks from date. Upon receipt of such representation, respondent no.2, Commissioner of School Education, Government of West Bengal shall consider and dispose of the same by passing a reasoned order, in accordance with law, upon notice to
the petitioners, within a period of eight weeks from the date of receipt of such representation.
7.
The reasoned is to be communicated to the petitioners within one week from the date of passing of such order. 8.
With the above direction, the writ petition being WPA 19001 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.)