Sumana Pandit v. State Of West Bengal And ORS.

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(ML) (ML) 12.06.2025 12.06.2025 Ct. No. 18 (ARPAN) W.P.A. 28979 OF 2023 Sumana Pandit Vs.

The State of West Bengal & Others Mr. Sk. Sahjahan Ali, Adv.

Mr. Jyotishman Sarkar, Adv.

...for the Petitioner Mr. Anand Farmania, Adv.

Mr. Saikat Sen, Adv.

Ms. Indumouli Banerjee, Adv.

...for the State In terms of the order dated 5th May, 2025, District Inspector of Schools (S.E.), Kolkata being respondent no.4 has prepared a report which is filed by the learned advocate representing the State respondents and same is also taken on record. On perusal of the report, it appears that the respondent no.4 has taken a stand to reconsider the claim of the petitioner for sanction of post graduate scale of pay afresh on receipt of certain information and particulars on 2nd June, 2025 from the concerned school authority. It is stated in the report that in presence of the petitioner and the concerned school authority a fresh decision needs to be taken since intracourt appeal filed by the State authorities has been disposed of.

In consideration of such report dated 11th June, 2025, previous order dated 29th November, 2023 passed by the respondent no.4 stands set aside.

Respondent no.4 is directed to hear the petitioner and the concerned school authority or their representatives by eight (8) weeks from the date of communication of this order and pass a reasoned order on the claim of the petitioner seeking post graduate scale of pay. While taking such decision respondent no.4 shall rely upon the ratio decided by the Hon'ble Division Bench vide order dated 11th February, 2021 in an intra-court appeal being MAT 825 of 2020 (Md. Adeel Uz Zaman vs. The State of West Bengal & Ors.) and the ratio decided by the Hon'ble Special Bench vide judgment dated 7th February, 2024 on a batch of matters, first one being WPA 9921 of 2007 (Utpal Kanti Karan vs. State of West Bengal & Ors. Decision to be taken by the respondent no.4 shall be communicated to the petitioner by fortnight thereafter. With the above directions, writ petition stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)