Mehedi Hasan And ORS. v. State Of West Bengal And ORS.

06.02.2026 Sl. No.7 Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 22122 of 2024 Mehedi Hasan & ors.

Versus

The State of West Bengal & Ors.

Mr. Anindya Bose Mr. Shaharayar Alam ...for the Petitioners.

Mr. Rajarshi Basu Mr. K. M. Hossain ...for the State.

Mr. Biswabrata Basu Mallick Mr. Biman Halder Mr. Amman Arif Ansari ... for the DPSC, Dinajpur 1.

The petitioners are directed to deposit ad valorem court fees, if not already paid.

2.

By the present writ petition, the petitioners seek direction upon the respondent authorities particularly the respondent No.10, the District Inspector of Schools (Primary Education), Uttar Dinajpur for grant of 8A9 category scale of pay including the arrear to the petitioners on and from the last date of final examination of Diploma in Elementary Education (in short, >D.El.Ed.?) training course 2017-2019 i.e. 16th March, 2019.

3.

The petitioners contend that they joined in the primary school as Assistant Teachers as mentioned hereinbelowi. Petitioner no.1, Mehedi Hasan joined in Bisrail FPS, on 14th February, 2017;

ii.

Petitioner no.2, Tarini Roy joined in Noapara FPS on 16th June, 2015;

iii.

Petitioner no.3, Jahangir Ali joined Adarsa Kamalabari No.-II FPS on 14th February, 2017. 4.

It is not in dispute that 8A9 category scale of pay has been granted to the petitioner no.1 with effect from 26th August, 2022, petitioner no.2 with effect from 1st September, 2022 and petitioner no.3 with effect from 1st July, 2021. All the petitioners have successfully completed D.El.Ed. course for the session 2017-2019, the results of which were declared on 22nd May, 2019. The petitioners claim 8A9 category scale of pay from the last date of final examination of the D.El.Ed. training course including arrears.

5.

Mr. Anindya Bose, learned Advocate for the petitioners submit that the controversy as to from which date the petitioners will be entitled to 8A9 category scale of pay has been set at rest by the Hon9ble Division Bench of this Court in District Primary School Council, Purba Medinipur & Anr. versus Prasanta Dolai & Ors. (In Re: FMA 1029 of 2024) and other appeals and it has been held that the entitlement of 8A9 category scale of pay shall be the date of declaration of the result. He seeks that similar benefit be extended to the petitioners in the light of the decision of the Hon9ble Division Bench.

6.

Mr. Rajarshi Basu, learned Advocate for the State and Mr. Biswabrata Basu Mallick, learned Advocate for the

DPSC, Uttar Dinajpur, leave the matter to the discretion of the Court.

7.

The Hon9ble Division Bench in respect of the similarly circumstanced petitioners in FMA 1029 of 2024 observed as follows:

<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.= 8.

Admittedly, the petitioners are similarly circumstanced as of the petitioners in the earlier writ petitions. In view of the aforesaid order passed by the Hon9ble Division Bench, the petitioners shall be granted 8A9 category payscale with effect from the date of result declaration of D.El.Ed. (online) examination held in the month of March, 2019, i.e. 22nd May, 2019 and arrear salary, if any, shall be paid to the petitioners by end of March, 2026.

9.

With the above direction, the writ petition being WPA 22122 of 2024 stands disposed of.

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

11. Interim order, if any, stands vacated.

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

13. There shall be no order as to costs.

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

15. 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.)