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2026 DAILYLAW 2134 (CAL)

DOULAT HOSSAIN v. THE STATE OF WEST BENGAL AND ORS.

WPA/14819/2025 · 2026-03-06

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.03.2026 Sl. No.2(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 14819 of 2025 Doulat Hossain Versus The State of West Bengal & Ors. Mr. Anindya Bose, Mr. Golam Mohiuddin, Ms. Raina Das …for the Petitioner. Mr. Sourav Chowdhury, Mr. Samrat Paul …for the State. Mr. Bhaskar Prasad Vaisya, Mr. Pinaki Bhattacharyya, …for the DPSC, North 24-Parganas. Mr. Ratul Biswas, Mr. Kaushik Chowdhury …for the WBBPE. 1. This matter is appearing in the list under the heading “To Be Mentioned”. 2. On the prayer of the learned Advocate for the petitioner, leave is granted to implead the Commissioner of School Education Department, Government of West Bengal as added respondent No.11 in the writ petition. 3. By the present writ petition, the petitioner seeks direction upon the respondent authorities for grant of „A‟ category scale of pay. 4. The petitioner contends that he is Assistant Teacher of Pairagachi Adarsha F.P. School, Circle: Habra I, North 24-Parganas. The petitioner joined the said school on 2 19th July, 2024 under the District Primary School Council, North 24-Parganas. The petitioner has not completed the bridge course. The petitioner is possessing B.Ed. qualification. However, „A‟ category scale of pay has not been given. Hence, this writ petition. 5. Mr. Anindya Bose, learned Advocate for the petitioner submits that pursuant to the direction of the Hon‟ble Division Bench of this Court passed in Waliur Rahaman & Ors. versus The State of West Bengal & Ors. (In Re: MAT 1038 of 2024) the concerned authority has granted „A‟ category scale of pay in favour of the similarly circumsanced candidates. He submits that liberty be given to the petitioner to file comprehensive representation before the authority concerned for grant of „A‟ category scale of pay. 6. Mr. Sourav Chowdhury, learned Advocate for the State submits that petitioner has been enrolled/registered for two years D.El.Ed. course for the sessions 2025-27. Thus, until and unless the course is completed the petitioner cannot claim „A‟ category scale of pay. 7. In similar circumstances, this Court in Shreebash Paul & Ors. versus The State of West Bengal (In Re: WPA 23744 of 2024) after considering the decision passed by the Hon‟ble Supreme Court in Debesh Sharma versus Union of India & Ors. (In Re: Miscellaneous Application Diary No.4303/2024 in C.A. No.5068/2023) as well as the direction passed in Waliur Rahaman 3 (supra) has directed the authorities to consider the prayer of the petitioner for grant of „A‟ category scale of pay. 8. In line with the aforesaid decisions, the petitioner is granted liberty to file comprehensive representation before the respondent No.11, Commissioner, School Education Department, Government of West Bengal seeking for grant of „A‟ category scale of pay within a period of four weeks from date. Upon receipt of such representation, the respondent No.11, Commissioner, School Education Department, Government of West Bengal is directed to consider the representation of the petitioner within a period of twelve weeks from the date of receipt of such representation. 9. Learned advocate for the petitioner is directed to communicate this order to the respondent No.11, the Commissioner, School Education Department, Government of West Bengal, for necessary compliance. 10. With the above direction, the writ petition being WPA 14819 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. 4 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.)