Calcutta High CourtWPA/27513/2025disposed

Md. Ali Akbar v. State Of West Bengal And ORS.

2026-02-06Hon'Ble Justice Bivas Pattanayak3 pages

06.02.2026 Sl. No.11(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 27513 of 2025 Md. Ali Akbar

Versus

The State of West Bengal & Ors.

Ms. Pranati Das, Mr. Subhomoy Paul, Mr. Anish Chakraborty ...for the Petitioner.

Mr. Bhaskar Prasad Vaisya, AGP Mr. Gourav Das ...for the DPSC, North 24-Parganas.

Mr. Ashim Kumar Ganguly, Mr. Sudip Sarkar ...for the State.

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

2. Instruction of the District Inspector of Schools (PE), South 24-Parganas filed by the State is taken on record.

3. By the present writ petition, the petitioner seeks direction upon the respondent authorities for grant of 8A9 category scale of pay including arrear to the petitioner on and from the date following the last date of D.El.Ed. final examination 2017-19, i.e. 17th March, 2019 in terms of Memorandum being No.209SE(EE)/PTTI-7/2011 dated 4th March, 2013 issued by the Joint Secretary, School Education Department, Government of West Bengal.

4. The petitioner contends that he joined in the post of Assistant Teacher at Mangalpur FP School, District-

South 24-Parganas as an untrained candidate. The petitioner has successfully completed D.El.Ed. final examination for the session 2017-19, the results of which was declared on 22nd May, 2019. The petitioner has been granted 8A9 category scale of pay from 26th August 2022. However, the petitioner ought to have been granted 8A9 category scale of pay from the date following the last date of final examination of D.El.Ed. training course. Hence, this writ petition.

5. Ms. Pranati Das, learned Advocate for the petitioner submits that the controversy as to from which date the petitioner 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 petitioner in the light of the decision of the Hon9ble Division Bench.

6. Mr. Sudip Sarkar, learned Advocate for the State as well as Mr. Gourav Das, learned Advocate for the District Primary School Council, South 24-Parganas 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 petitioner is similarly circumstanced as of the petitioners in the earlier writ petitions. In view of the aforesaid order passed by the Hon9ble Division Bench, the petitioner 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 petitioner by end of March, 2026.

9. With the above direction, the writ petition being WPA 27513 of 2025 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.)