Pranab Biswas v. State Of West Bengal And ORS.
06.03.2026 Sl. No.34 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28043 of 2025 Pranab Biswas
Versus
The State of West Bengal & Ors.
Mr. Sandip Kr. De Mr. Abhik Chitta Kundu ...for the Petitioner.
Mr. Asish Kumar Guha Mr. Rajendra Chaturvedi ...for the State.
Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE 1.
Affidavit of service filed on behalf of the petitioner is taken on record.
2.
On the prayer of the learned Advocate for the petitioner leave is granted to implead the West Bengal Board of Primary Education, which is a necessary party, as added respondent no.6 in the writ petition.
3.
By the present writ petition the petitioner seeks direction upon respondent authorities for grant of 'A' category scale of pay from the date of completion of B.Ed. training course, i.e. from 19th September, 2014 to 4th September, 2017.
4.
The petitioner contends that he joined as an Assistant Teacher in Jayantipur F.P. School in Bongaon-I Circle under North 24-Parganas District Primary School Council on 30th January, 2014 as an untrained
candidate. While in service the petitioner completed B.Ed. qualification. He has also completed Diploma in Elementary Education (in short, „D.El.Ed.‟) course for the session 2015-2017. The petitioner has been granted 'A' category scale of pay from the date of publication of the result of D.El.Ed., i.e. 5th September, 2017. The petitioner claims 'A' category scale of pay from the date of completion of B.Ed. qualification, i.e. 19th September, 2014 till the date just prior to the grant. Hence, this writ petition.
5.
Mr. Sandip Kr. De, learned Advocate appearing on behalf of the petitioner submits that the petitioner is entitled to 'A' category scale of pay from the date of completion of his B.Ed. qualification. He seeks that the matter be relegated to the appropriate authority for taking a decision on the petitioner's representations being annexures P7, P8 and P9 to the writ petition, respectively.
6.
On the contrary, Mr. Ratul Biswas, learned Advocate appearing on behalf of the West Bengal Board of Primary Education submits that in the year 2014 B.Ed. was not a requisite qualification and as such, the petitioner cannot claim 'A' category scale of pay from the date of completion of B.Ed. qualification, which was introduced as a requisite qualification by N.C.T.E. vide notification dated 28th June, 2018. 7.
Admittedly, the petitioner joined as an untrained candidate/teacher. In the year 2014, B.Ed. was not a
requisite qualification. Since the petitioner was an untrained candidate for the period which has been claimed, he cannot claim 'A' category scale of pay for such period. The petitioner has completed D.El.Ed. course for the session 2015-2017 and results were declared on 5th September, 2017. The petitioner has been granted 'A' category scale of pay from 5th September, 2017.
8.
In a recent decision of Hon'ble Division Bench passed in M.A.T. 1522 of 2024 (District Primary School Council, Purba Medinipur & anr. -versus- Chandan Kumar Majee & others) along with other appeals, the Hon'ble Bench 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."
9.
Therefore, grant of 'A' category scale of pay from the date of publication of result of training course of D.El.Ed. does not call for interference.
10. In light of the aforesaid discussion, the writ petition being WPA 28043 of 2025 stands dismissed.
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.)