08 Ct-08 ar 21.04.2025 FMA 671 of 2025 with IA No. CAN 1 of 2024 The Chairman,District Primary School Council, Howrah Vs. Pannalal Dey & Ors. Mr. Subir Sanyal , Sr. Adv Mr. Dwarikanath Mukherjee Mr. Ratul Biswas Mr. Kaushik Chowdhury … For the Appellant Mr. A.K. Gayen Mr. A.A. Gayen … For the Respondent no. 1 Mr. Ranjan Saha Mr. Kartik Chandra Kapas … For the State 1. The appeal is arising out of an order dated 13th March, 2024 passed in WP 4883 of 2020 in which the petitioner/respondent no. 1 has challenged an order issued by the Chairman, District Primary School Council, Howrah, dated 11th December, 2019 thereby granting him the financial benefit of “A” Category Scale of Pay with effect from 1st July, 2019. 2. Briefly stated that the petitioner was appointed on 22nd August, 2021 as the Assistant Teacher of Uttar Panchla Primary School, Panchla, Howrah. He appeared in Teachers’ Training Examination in 2006 being an incumbent of the Sessions in 2005- 2006. However, the result of such examination held in 2006 was ultimately published in the year 2 2011. The writ petitioner qualified in the said examination in first division as would appear from the certificate dated 14th July, 2011. 3. The grievance of the writ petitioner appears to be that since he was appointed prior to 31st December, 2005 it is the cutoff date as enumerated in the State Government order dated 4th March, 2013 being G.O. No. 209-SE (EE)/PTTI- 7/2011 and he is duly trained in Primary Teachers’ Training Course, therefore, he should be extended to “A” Category Scale of Pay in terms of the Government order, as mentioned above, from the date of his appointment in accordance with his seniority. 4. Learned Single Judge relied upon the decision of the Coordinate bench in MAT 107 of 2022 (Sunil Tudu Vs. State of West Bengal & Ors.) along with other appeals decided on 5th January, 2024 allowed the writ petition and directed that the writ petitioner shall be entitled to “A” Category Scale of Pay being treated as a trained teacher from the date of his appointment in accordance with the seniority. 5. The only modification we propose in the impugned order is that the writ petitioner shall be entitled to “A” Category Scale of Pay on and from the date of paper publication of the result in view of admitted position that he was appointed prior to 3 31st December, 2005. 6. In view of the above, the respondents are directed to comply with this order by fixing his Scale of Pay within four weeks from the date of this order and pay the arrears within the aforesaid period. 7. We make it clear that this order shall be restricted only in respect of the petitioner and the impugned memo dated 11th December, 2019 would not be applicable, so far as the writ petitioner is concerned. 8. On such consideration, the appeal succeeds in part and the impugned order is modified to the aforesaid extent. 9. FMA 671 of 2025 is accordingly disposed of along with CAN 1 of 2024. 10. Urgent Photostat copy of this order, if applied for, be given to the parties on usual undertaking. (Soumen Sen, J.) (Smita Das De, J.) 4