Biplab Kumar Jha@Biplab Kumar Jha And ORS v. The State Of West Bengal And ORS

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction 41 21.1.2025 WPA 27 OF 2025 Sc Ct. no. 2 ------------- Biplap Kumar Jha @ Biplab Kumar Jha & Ors.

Vs.

The State of West Bengal & Ors.

Ms. Suman Sehanabis (Mandal) Mr. Salok Sah Ms. Anwesha Chakraborty.

....For the Petitioners Mr. Sandip Guha Roy ....For the State Mr. Kumar Shantanu ....For the Respondent No.4 Affidavit-of-service, filed today in Court, is taken on record.

Ms. Suman Sehanabis (Mandal), learned Advocate appears for the petitioners.

Mr. Sandip Guha Roy, learned State Advocate appears for the State respondents through virtual mode.

Mr. Kumar Shantanu, learned Advocate appears for the respondent no.4.

Learned Advocate for the petitioners informs this Court that there are nine individual writ petitioners and each one of them had paid the respective Court Fees.

Learned Advocate for the petitioners refers to an identical order dated July 29, 2024 passed by a coordinate Bench in WPA 1462 of 2024 and submits that these petitioners are also similarly placed and an identical order can be passed in disposing of the instant writ petition.

In view of the above, this order is being passed. The petitioners have prayed for granting "A"

category pay scale to the petitioners from the last date of examination i.e., March 16, 2019. They have not been given "A" category pay scale.

Learned advocate appearing on behalf of the petitioners relies on orders passed in this regard in WPA 10975 of 2024, WPA 11635 of 2024, WPA 16023 of 2024, WPA 7713 of 2024 and WPA 11299 of 2024. He also places reliance on notification dated March 4, 2013 passed by the Joint Secretary, School Education Department (Elementary Education Branch). It appears that the petitioners are primary school teachers who did not have the particular qualification to attain "A"

category status at the date of appointment. However, subsequently, they underwent necessary training. Therefore, they would be entitled to "A" category status. The concerned respondent shall take necessary steps in this regard.

The petitioners' contention also derives support from the notification of the Government issued on March 4, 2013.

Reliance has also been placed on the decisions in this regard passed by a Coordinate Bench of this Court.

In view of the above, it appears quite settled that a person is deemed to have been qualified from the last date of examination in the event, he succeeds in the same.

In view of the above, let the petitioners be granted "A" category pay scale after the last date of examination i.e., from March 17, 2019 onwards.

Let the arrears be paid to the petitioners within two months from the date.

The writ petition, WPA 27 of 2025, is accordingly disposed of without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)