Kastaba Nandy And ORS. v. The State Of West Bengal And ORS.

25.03.2026 In The High Court at Calcutta Ct. No. 5 Circuit Bench at Jalpaiguri Sl. No.38 akd W. P. A. 469 of 2026 [Kastaba Nandy & Ors. -Vs- The State of West Bengal & Ors.] Mr. Sudip Ghosh Chowdhury Mr. Soumyajit Laskar ... ... for the petitioners Mr. Sourav Ganguly Ms. Rishita Chakraborty ... ... for respondent no. 3 [District Primary School Council, Jalpaiguri] Mr. Subir Kumar Saha .. ld. A.G.P.

Mr. Kumar Shantanu Mr. Sumit Kumar ... ... for the State 1.

Affidavit-of-service filed in court today is taken on record.

2.

The petitioners have preferred the present writ petition seeking direction upon the respondent no.2 to grant 'A' category scale of pay in favour of the petitioners from their date of joining in service as Assistant Teacher in the primary school having B.Ed. qualification and further pray for arrears for the period of service which they have rendered as Assistant Teacher in the primary school.

3.

It is the case of the petitioners that they have made representations before the competent authority but the same has not been considered till date.

4.

Learned Advocate for the petitioners has referred to an order dated 20.02.2026 passed by a coordinate Bench of this court in WPA 6957 of 2025 (Piya Halder vs. State of West

Bengal & Ors.) wherein similar issue was considered and the Hon'ble Single Judge disposed of the writ petition by directing the Commissioner of School Education, Government of West Bengal to consider the representation of the petitioner and dispose of the same by passing a reasoned order in accordance with law within a period of twelve weeks from the date of submission of the representation by the petitioner.

5.

Following the dicta of the aforesaid decision of the coordinate Bench, this Court directs the Commissioner, School Education Department, Government of West Bengal (respondent no.2) to consider and dispose of the representations of the petitioners in accordance with law and in terms of the relevant rules, by passing a reasoned and speaking order within a period of twelve weeks from the date of communication of this order after affording an opportunity of personal hearing to the petitioners. 6.

Needless to mention that this Court has not expressed any opinion on the merits of the claim of the petitioners and all issues are left open to be decided by the competent authority in accordance with law.

7.

With the aforesaid directions, the present writ petition is disposed of.

8.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

9.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Gaurang Kanth, J.)