Extracted from the PDF above. The PDF is authoritative.
14.07.2026 16 sdas WPA 15469 of 2026
Debika Halder Vs. The State of West Bengal & Ors. Mr. Kalyan Kumar Panda .….. for the petitioner
Mr. D. N. Ray, learned G.P. Mr. Piush Chaturvedi Mr. Jatinder Singh Dhatt ……for the State
Mr. Sujit Sankar Koley …… for the DPL
1. Let affidavit-of-service, as filed in Court, be kept on record. 2. The petitioner is aggrieved that she has not been given the requisite Pay Band applicable to her as Matron. She had joined service as an Assistant Nurse having the requisite qualification of a higher grade viz. General Nurse-cum-Midwife (hereinafter referred to as “GNM”). 3. The petitioner having joined in the Auxiliary Nurse-cum-Midwife) (hereinafter referred to as “ANM”) Category, she had taken the benefit under the Career Progression Scheme (hereinafter referred to as “CPS”) which was a scheme introduced for requisite promotion of the incumbents. She was promoted to the grade of GNM by virtue of the scheme from April 1, 2009. In terms of the scheme, the petitioner has
2 rendered service for 25 years which takes her from the ANM Category to GNM Category to Staff Nurse and finally at present to the Sister Nurse. She has been drawing such Pay Band of Rs.4,700/- since getting promoted to the Pay Band of Sister Nurse. 4. The petitioner had approached this Hon’ble Court on an earlier occasion, whereby this Hon’ble Court was pleased to direct the concerned authority to pass a reasoned order in terms of her representation regarding the recommendation made to her by the respondent no. 4 therein (WPA 30556 of 2024). 5. This reasoned order was passed on February 20,
2026. It is this reasoned order which has been challenged in the instant writ petition. The very basis of challenging the reasoned order is that the petitioner had joined the post of ANM with a higher qualification. This choice was exercised by the petitioner to join the post with a higher qualification. Merely because the petitioner had joined the post with a higher qualification at a lower post, he cannot claim as of right to be entitled to a higher Pay Band. 6.
The order of the concerned authority which has been assailed in this writ petition as recorded, in no uncertain terms, that the petitioner had joined the post of ANM, being fully aware that she was joining the post with higher qualification than what was required. At the material point of time, the ROPA of
3 DPL did not have any provision for career path of GNM at the induction level. 7. Thus, it is clear that the petitioner is getting the requisite Pay Band and the requisite salary in terms of such Pay Band as per her entitlement. Petitioner cannot claim promotion to the post of Matron, which has a higher Pay Band of Rs.5400/-. She has also not completed the requisite period of 9 years in the post of Sister Nurse which will entitle her to the post of Matron. 8. It is clear that the petitioner is getting her entitled Pay Band and the requisite salary that she is entitled to, upon consideration of the provisions of the CPS. 9. Thus, I do not find any reason to interfere with the reasoned order passed by the authorities on February 20, 2026. 10. Accordingly, the writ petition fails and is dismissed. 11. There will be no order as to costs. 12. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (Reetobroto Kumar Mitra, J.)