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2026 DAILYLAW 10122 (CAL)

SHANTANU KUMAR MUKHERJEE v. THE STATE OF WEST BENGAL AND ORS.

WPA/17170/2025 · 2026-04-13

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.04.2026 Sl. No. 33 Ct. No.14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17170/2025 SHANTANU KUMAR MUKHERJEE VS THE STATE OF WEST BENGAL AND ORS. Mr. Ashis Kumar Paul Ms. Shilpi Paul …for the Petitioner. Mr. Jahar Lal Dey Mr. Sankar Halder …for the State. Mr. Saibal Acharyya Mr. Tanweer J. Mondal … for DPSC, Purba Bardhaman 1. Affidavit of service filed by the petitioner is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondent authorities to give all benefits of ‘A’ category scale of pay to the petitioner from the date of completion of the Teachers training course for the session 2005-2006, with effect from June, 2006. 3. The petitioner contends that he joined as an Assistant Primary Teacher in Kunda F.P. School under Mongalkote-III Circle on 20th July, 2000 as an untrained teacher. After completion of probation period of service, the petitioner has been duly confirmed by the concerned respondent authority. Subsequent thereto, the petitioner completed the Primary Teachers Training (in short, ‘PTT’) course for the session 2005- 2006, the result of which was declared on 14th July, 2011. The petitioner claims that ‘A’ category scale of pay ought to be granted to the petitioner from the date of completion of course, i.e. June, 2006. Hence, this writ petition. 4. Mr. Ashis Kumar Paul, learned Advocate appearing for the petitioner submits that as per letter dated 8th July, 2005 issued by Secretary, District Primary School Council, Burdwan, the petitioner was deputed to undergo Primary Teachers Training course for the session 2005-2006. The petitioner duly completed such training on 15th June, 2006. By a subsequent notification dated 4th March, 2013 it was notified that the teachers who have attained 1 year/2 years Diploma in Elementary Education from State recognized institutions and appointed as teacher on or before 31.12.2005 shall be treated as ‘trained teacher’. The Hon’ble Division Bench in Sunil Tudu -versus- State of West Bengal & ors. (MAT 107 of 2022) along with other appeals in similarly circumstances have held that the petitioners are entitled to ‘A’ category scale of pay. The date from which the entitlement of the petitioner’s ‘A’ category scale of pay also fell for consideration before a Co-ordinate Bench of this Hon’ble Court in Swapan Kumar Das -versus- The State of West Bengal & ors. (WPA 10630 of 2024) along 2 with other writ petitions wherein effect has been given from June, 2006. He also indicates that consistently in respect of other candidates, this Hon’ble Court has passed orders subsequent thereto entitling the petitioners to ‘A’ category scale of pay with effect from June, 2006. There is no appeal against the orders passed by the learned Single Judge in respect of the similarly circumstanced petitioners as aforesaid. In light of the aforesaid submission, he prays that the petitioner who is also similarly circumstanced be extended the benefit of ‘A’ category scale of pay with effect from June, 2006. 5. Learned advocates appearing for the other respondents concede to such submission and leave the matter to the discretion of the Court. 6. Having considered the submissions of the learned Advocates for the respective parties, the issue which falls for consideration is whether the petitioner is entitled to ‘A’ category scale of pay from the date of completion of PTT course for the session 2005-2006 i.e. June, 2006. 7. So far as the entitlement of ‘A’ category scale of pay is concerned, in case of similarly placed teachers the Hon’ble Division Bench in Sunil Tudu (supra) granted ‘A’ category scale of pay to the appellant therein. 8. The second aspect which falls for consideration is from which date the petitioner will be entitled to ‘A’ category scale of pay. 3 9. A Co-ordinate Bench in similar situation passed orders in (i) Khelaram Dhara -versus- The State of West Bengal & ors. (WPA 4381 of 2024), (ii) Menoka Murmu –versus- The State of West Bengal & ors. (WPA 4378 of 2024), (iii) Swapan Kumar Das (supra) granting ‘A’ category scale of pay with effect from June, 2006. 10. Accordingly, in line with the aforesaid decisions, the petitioner is entitled to ‘A’ category scale of pay with effect from June, 2006. 11. The concerned authorities are directed to take necessary steps in view of the observations made hereinabove within a period of two months from the date of communication of this order. 12. With the above direction, the writ petition being WPA 17170 of 2025 stands disposed of. 13. Learned advocate for the petitioner is directed to communicate this order to the concerned respondents for necessary compliance. 14. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 15. Interim order, if any, stands vacated. 16. All connected applications, if any, stand disposed of. 17. There shall be no order as to costs. 18. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 4 19. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.) 5