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2026 DAILYLAW 15799 (CAL)

AMITA SARDAR v. THE STATE OF WEST BENGAL AND ORS.

WPA/14659/2025 · 2026-02-20

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.02.2026 Sl. No.20(DL) Ct. No.14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 14659 of 2025 Amita Sardar Versus State of West Bengal & Ors. Mr. Anindya Bose Mr. Golam Mohiuddin Mr. Mridul Biswas Ms. Raina Das Mr. Md. Kaif Hossain …for the Petitioner. Mr. S. M. Samim Ullah …for the State. Mr. Bhaskar Prasad Vaisya Mr. Pinaki Bhattacharyya …for the DPSC, North 24 Parganas. 1. Report filed by the District Inspector of Schools (P.E.), North 24 Parganas dated 21st January, 2026 is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities particularly respondent No.3, the Commissioner of School Education, Government of West Bengal to consider the prayer of the petitioner for grant of ‘A’ category scale of pay. 3. The petitioner contends that she is an Assistant Teacher appointed on 21st September, 2021 under the District Primary School Council, North 24 Parganas. The petitioner has not yet completed the six months bridge course. The petitioner possesses B.Ed qualification. The petitioner claims for A-Category Scale of Pay. The petitioner has not yet been granted ‘A’ category scale of pay. Hence, this writ petition. 4. Mr. Anindya Bose, learned Advocate appearing for the petitioner submits that in similar circumstances this Hon’ble Court has directed for consideration of the representation of the petitioner in accordance with law. He seeks that similar direction be issued by relegating the matter to the appropriate authority for due consideration. In support of his contention, he relies on the following decision: (i) Waliur Rahaman & Ors. versus The State of West Bengal & Ors. (In Re: MAT 1038 of 2024); (ii) Khokan Das versus The State of West Bengal & Ors. (In Re: WPA 13023 of 2025); (iii) Mahammad Enamul Haque versus The State of West Bengal & Ors. (In Re: WPA 29672 of 2024) ; (iv) Rezaul Saikh & Ors. versus The State of West Bengal & Ors. (In Re: WPA 22526 of 2024). (v) Tuhin Hossain versus The State of West Bengal & Ors. (In Re: WPA 19110 of 2025) 5. Mr. Bhaskar Prasad Vaisya, learned Advocate appearing for the District Primary School Council, North 24 Parganas submits that the matter be relegated to the appropriate authority to consider the prayer of the petitioner for grant of ‘A’ category scale of pay. 6. Mr. S. M. Samim Ullah, learned Advocate appearing for the State submits that the petitioner is not entitled to 2 ‘A’ category scale of pay since she has not completed the six months bridge course. 7. It is found that the petitioner has not filed any comprehensive representation seeking for ‘A’ category scale of pay. 8. Accordingly, the petitioner is granted liberty to file appropriate comprehensive representation seeking for ‘A’ category scale of pay before the respondent No.3, Commissioner of School Education, Government of West Bengal within a period of four weeks. Upon receipt of such representation, the respondent No.3, Commissioner of School Education, Government of West Bengal shall consider the representation of the petitioner and dispose of the same by passing a reasoned order in accordance with law upon notice to the petitioner within a period of 12 weeks from date of submission of such representation. 9. Learned advocate for the petitioner is directed to communicate this order to the respondent No.3, the Commissioner of School Education, Government of West Bengal, for necessary compliance. 10. With the above direction, the writ petition being WPA 14659 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. 3 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.) 4