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Calcutta High Court · body

2026 DAILYLAW 15433 (CAL)

SANJAY HAZRA AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/27595/2025 · 2026-02-13

Bivas Pattanayak

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.02.2026 Sl. No.30 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 27595 of 2025 Sanjay Hazra & ors. Versus The State of West Bengal & Ors. Mr. Anindya Bose Mr. Santanu Maji Ms. Debrani Mondal …for the Petitioners Mr. Avishek Prasad … for the DPSC, Malda Mr. Ibrahim Shaikh … for the State 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. By the present writ petition, the petitioners seek direction upon the respondent no.3, the Commissioner of School Education, Government of West Bengal, to approve the petitioners in ‘A’ category scale of pay from the date of their joining. 3. The petitioners contend that the petitioner no.1 joined as an Assistant Teacher in Goalpara MGD Pry/Jr. Basic School under Kharba-II Circle, District Malda on 19th July, 2021, petitioner no.2 joined as an Assistant Teacher in Goalpara MGD Pry/Jr. Basic School under Kharba-II Circle, District Malda on 19th July, 2021 and the petitioner no.3 joined as an Assistant Teacher in Hazratpur MGD Pry/Jr. Basic School under Kharba-II Circle, District Malda on 10th July, 2021. The 2 petitioners joined the service with B.Ed. qualification. However, they have not been granted ‘A’ category scale of pay. Hence, this writ petition. 4. Mr. Anindya Bose, learned Advocate appearing on behalf of the petitioners submit that the petitioners are entitled to ‘A’ category scale of pay since they joined in service in the year 2021 with B.Ed. qualification which was eligible criteria at that point of time. 5. Mr. Avishek Prasad, learned Advocate appearing on behalf of the District Primary School Council, Malda submits that till date no such representation has been made by the petitioners before the authority concerned seeking ‘A’ category scale of pay. In the event such application is made, the same may be considered by the concerned authority, in accordance with law. 6. Mr. Ibrahim Shaikh, learned Advocate appearing on behalf the State also concedes such submission. 7. In view of the above, liberty is granted to the petitioners to make comprehensive representation before respondent no.3, Commissioner of School Education, Government of West Bengal, within a period of four weeks from date. Upon receipt of such representation, respondent no.3, Commissioner of School Education, Government of West Bengal shall consider and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioners, within a period of eight weeks from the date of receipt of such representation. 3 8. The reasoned order is to be communicated to the petitioners within one week from the date of passing of such order. 9. Learned advocate for the petitioners is directed to communicate this order to respondent no.3, Commissioner of School Education, Government of West Bengal, for necessary compliance. 10. With the above direction, the writ petition being WPA 27595 of 2025 stands disposed of. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. 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.)