01.05.2025 Item No.318,DL Court No.25 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 3616 of 2006 Dilip Pal -Vs- The State of West Bengal & Ors. Mr. Prosenjit Mukherjee, Mr. Arghya Kamal Das, Ms. B. Pramanik, Ms. M. Mondal, Mr. Raja Roy. …..for the petitioner. Mr. Supriyo Chattopadhyay, Ld. A.G.P., Ms. Iti Dutta. …..for the State. 1. Affidavit of service filed on behalf of the petitioner be kept with the record. 2. The subject matter of the writ petition relates to grant of higher pay scale to the writ petitioner pursuant to his higher qualification in Master Degree in Physical Education subject which has been allegedly denied to him. 3. According to the petitioner, he had already enrolled himself in the course before entering into service on March 05, 2001. After entering into service and with consent of the competent authority that is the Managing Committee of the School, he attended the examinations and ultimately qualified in the Master Degree in Physical Education subject. 4. Since thereafter the petitioner has been praying for grant of higher pay scale but in vain. Earlier a writ petition of the present petitioner 2 being WPA 12542 of 2005 was disposed of by dint of an order dated July 05, 2005, thereby directing the respondent authority to grant the higher pay scale to the petitioner and re-fixing the same in terms of the higher pay scale, so granted. 5. Record reveals that the said order of the Court has never been complied with till date, by the respondent authority. 6. The present writ petition is the 2nd in line with the similar prayer, since the petitioner’s prayer has remained unattended and the order of the Court to that effect has also remained not complied with as yet. 7. This Court finds that the previous order of the Court passed in WPA 12542 of 2005 on July 05, 2005 is still in vogue and should be complied with immediately by the Authorities. 8. With this, this Court desires to add that the said respondent authority should also take into consideration the Larger Bench Judgment of this Court passed recently in the case of Utpal Kanti Karan –Vs- The State of West Bengal & Ors. reported in 2024 SCC Online Cal 1274 dealing with the issues involved in the instant case. 9. For the reasons as above, the matter is being relegated to the respondent no.3, the District Inspector of Schools (S.E.), 24-Parganas 3 (South) who immediately shall take steps for compliance with the Court’s order dated July 05, 2005 in the light of the law settled as on date, positively within a period of six weeks from the date of communication of a copy of this order. 10. WPA No. 3616 of 2006 is disposed of. 11. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Rai Chattopadhyay J.)