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2026 DAILYLAW 13142 (CAL)

RAJU BISWAS v. STATE OF WEST BENGAL AND ORS.

WPA/15443/2025 · 2026-02-20

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.02.2026 Sl. No.26(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 15443 of 2025 Raju Biswas Versus The State of West Bengal & Ors. Mr. Shuvro Prokash Lahiri …for the Petitioner. Md. Sarwar Jahan, Sk. Nayeemul Hoque, Ms. Tapati Sarkar …for the DPSC, Murshidabad. Mr. Pinaki Dhole, Mr. Sourav Mondal …for the State. Mr. Ratul Biswas, Mr. Kaushik Chowdhury …for the WBBPE. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities for grant of ‘A’ category scale of pay from the date of joining. 3. The petitioner contends that he joined in the year 2017 in the post of Assistant Teacher at 47 No. Botardanga Primary School under Sadar North Circle, District- Murshidabad pursuing B.Ed. qualification, which was completed in the year 2017, the results were declared in the year 2018. The petitioner has successfully completed D.El.Ed. final examination for the session 2017-19, the results of which was declared on 22nd May, 2019. The petitioner has been granted ‘A’ category scale of pay from 1st July, 2019. However, the petitioner is entitled to ‘A’ category scale of pay from the date of his joining. The representation of the 2 petitioner dated 14th May, 2025 is still pending consideration. Hence, this writ petition. 4. Mr. Shuvro Prokash Lahiri, learned Advocate for the petitioner submits that the prayer of the petitioner for grant of ‘A’ category scale of pay be relegated to the appropriate authority for due consideration. 5. Mr. Pinaki Dhole, learned Advocate for the State as well as Sk. Nayeemul Hoque, learned Advocate for the District Primary School Council, Murshidabad submit that as per the order of the Hon’ble Division Bench of this Court in District Primary School Council, Purba Medinipur & Anr. versus Prasanta Dolai & Ors. (In Re: FMA 1029 of 2024) and other appeals the petitioner is entitled to ‘A’ category scale of pay from the date of publication of the results; i.e. 22nd May, 2019. 6. The Hon’ble Division Bench in respect of the similarly circumstanced petitioners in FMA 1029 of 2024 observed as follows: “In view thereof, the orders passed by the learned single Judge in the respective writ petitions are modified to the effect that the writ petitioner/respondent no.1 in the respective appeals shall be granted 'A' category pay-scale with effect from the date of result declaration of D. EL. Ed (online) examination held in March 2019, i.e., 22nd May, 2019 and that the arrears shall be paid to the writ petitioners by 15th December, 2025.” 7. Admittedly the petitioner is similarly circumstanced as of the petitioners in the earlier writ petitions. In view of the aforesaid order passed by the Hon’ble Division Bench, the petitioner shall be granted ‘A’ category pay- scale with effect from the date of result declaration of D.El.Ed. (online) examination held in the month of 3 March, 2019, i.e. 22nd May, 2019 and arrear salary, if any, shall be paid to the petitioner by end of April, 2026. 8. With the above direction, the writ petition being WPA 15443 of 2025 stands disposed of. 9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 10. Interim order, if any, stands vacated. 11. All connected applications, if any, stand disposed of. 12. There shall be no order as to costs. 13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 14. 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.)