Soumen Majumder v. State Of West Bengal And ORS.

04.02.2026 Sl. No.29(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26986 of 2025 Soumen Majumder

Versus

The State of West Bengal & Ors.

Mr. Kamalesh Bhattacharyya, Mr. Bidhan Biswas ...for the Petitioner.

Mr. Asish Kumar Saha, Mr. Rajendra Chaturvedi ...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 the respondent No.3, the District Inspector of Schools (S.E.), North 24-Parganas to extend the benefit of postgraduate scale of pay in favour of the petitioner due to improvement of his qualification by acquiring M.A. degree in English.

3.

The petitioner contends that he was appointed as approved Assistant Teacher in Shah Jalali Barkatia High Madrasah (H.S.), P.O. & P.S. Ashokenagar, District-North 24-Parganas on 24th August, 2006 with qualification B.A.

(Hons.) in English under Hons./Postgraduate Teacher category. The petitioner before his joining as an Assistant Teacher took admission under the University of Burdwan for acquiring M.A. Degree in English through Distance

Education Mode on 24th September, 2004.

The petitioner successfully completed M.A.

Part-I examination in 2005 prior to joining the service. Finally the petitioner obtained his M.A. degree in English, the result of which was published on 9th January, 2007. Upon completion of such postgraduate degree, the petitioner made an application on 9th July, 2025 before the District Inspector of Schools (S.E.), North 24Parganas seeking postgraduate scale of pay. However, the same is pending consideration. Hence, this writ petition.

4.

Mr. Bidhan Biswas, learned Advocate appearing for the petitioner submits that since the petitioner completed M.A. Part-I examination prior to joining service and as such there is no requirement of prior permission for completing the final examination. To buttress his contention, he relies on the decision of Hon'ble Special Bench of this Court passed in Utpal Kanti Karan versus State of West Bengal (In Re: WPA 9921 of 2007) along with other batch of writ petitions and appeals as well as the decision of a coordinate Bench of this Court passed in Gurupada Dey versus The State of West Bengal & Ors. (In Re: WPA 25567 of 2025).

5.

Mr. Rajendra Chaturvedi, learned Advocate for the State leaves the matter to the discretion of the Court. 6.

Admittedly, the petitioner joined as an Assistant Teacher having B.A.(Hons.) in English on 24th August, 2006. Before joining the service, the petitioner has completed the M.A. Part-I examination in the year 2005.

In Utpal Kanti Karan (supra) the Hon'ble Special Bench observed as follows:

"(g) If a teacher has partially completed higher study before entering service he/she would come under purview of G.O. No.1595-SE(S) dated 26th December, 2005 and the question of taking permission from DIS-SE concerned would not arise." 7.

In view of the above, the respondent No.3, the District Inspector of Schools (S.E.), North 24-Parganas is directed to consider the representation of the petitioner dated 9th July, 2025 and dispose of the same in accordance with law by passing a reasoned order upon notice to the petitioner taking into consideration decision of the Hon'ble Special Bench of this Court passed in Utpal Kanti Karan (supra) within a period of eight weeks from the date of communication of this order.

8.

With the above direction, the writ petition being WPA 26986 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.)