Dist Primary School Council Purba Medinipur And ANR v. Chandan Kumar Majee And ORS
22.09.2025 rpan/01-03 MAT 1522 of 2024 + IA No.: CAN 1 of 2024 District Primary School Council, Purba Medinipur & Another - Versus - Chandan Kumar Majee & Others With FMA 1029 of 2024 + IA No.: CAN 1 of 2024 District Primary School Council, Purba Medinipur & Another - Versus - Prasanta Dolai & Others with MAT 1524 of 2024 + IA No.: CAN 1 of 2024 District Primary School Council, Purba Medinipur & Another - Versus - Barnali Mondal Bera & Others Mr. Kamal Mishra, Mr. Pratap Sanfui ... for the Appellants [in all the matters].
Mr. Chittapriya Ghosh, Mr. Somesh Kumar Ghosh, Ms. Priyanka Saha ... for the Writ Petitioners/Respondent no.1 [in all the matters].
Mr. Debnarayan Banerjee ... for the State/Respondents [in FMA 1029 of 2024].
Records reveal that three writ petitions, being WPA 16558 of 2024, WPA 16563 of 2024 and WPA 16564 of 2024 were preferred inter alia praying for issuance of necessary directions upon the respondents to grant 'A'
category scale of pay to the respective writ petitioners on and from 16th March, 2019. The said writ petitions were disposed of by separate identical orders passed on the self-same date i.e., on 5th July, 2024 by the learned single Judge directing that the writ petitioners 'shall be granted "A" category pay scale after the last date of examination, i.e. 17th March, 2019'. It was further directed that the arrears shall be paid to the petitioners within a period of two months from the date of the orders.
Aggrieved thereby, three separate appeals were preferred by the District Primary School Council, Purba Medinipur and its functionary.
As identical issues were involved in all the three appeals, the same were taken up for analogous hearing on 3rd September, 2025 when it was submitted by Mr. Ghosh, learned advocate appearing for the writ petitioner/respondent no.1 in the respective appeals that similar writ petitions had been disposed of directing the competent authority to decide the date from which such benefit can be granted and pursuant to such direction, an order was passed by the Additional Secretary to the Government of West Bengal, School Education Department, Elementary Education Branch on 10th January, 2024 observing inter alia that the entitlement to such scale of pay would be with effect
from the date of result declaration of D.EL.Ed (Online) examination held in March 2019 i.e., 22nd May, 2019. A copy of the said order dated 10th January, 2024, as placed, was kept on record and the appeals were adjourned directing the appellants in the respective appeals to avail necessary instruction.
Today, Mr. Sanfui, learned advocate appearing for the appellants in all the appeals has filed an affidavit in connection with the appeals wherein the Chairman, District Primary School Council, Purba Medinipur has inter alia averred as follows:
'That earlier similar writ petitions were disposed of directing the competent authority to decide the date from which such benefit can be granted. Pursuant to such direction an order has been passed by the Additional Secretary to the Government of West Bengal, School Education Department, Elementary Education Branch on 10th January, 2024 observing inter alia that the entitlement to such scale of pay would be with effect from the date of result declaration of D.EL.Ed (Online) examination held in March 2019 i.e., 22nd May, 2019'. Let a copy of the said affidavit, as placed, be kept on record. A copy of the same has been handed over to Mr. Ghosh.
Mr. Ghosh submits, upon instructions, that the writ petitioners have no objection in the event 'A' category scale of pay pertaining to D. EL. Ed course (2017-19) is granted to the writ petitioners with effect from 22nd May,
2019, as directed by the Additional Secretary to the Government of West Bengal, School Education Department, Elementary Education Branch and as accepted by the appellants and also by the State/respondents, who are represented by Mr. Banerjee, learned advocate in FMA 1029 of 2024. 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 payscale 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.
With the above observations and directions, all the three appeals are, accordingly, disposed of.
There shall, however, be no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Reetobroto Kumar Mitra, J.) (Tapabrata Chakraborty, J.)