20.07.2026 Sl. No.669 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/22228/2024 BISWAJIT BAIN AND ORS. VS STATE OF WEST BENGAL AND ORS. Mr. Gourav Das Mr. Anisur Rahaman Ms. Jahanara Begum Mr. Akashdeep Nath …for the Petitioners. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee …for DPSC, Nadia. 1. Affidavit-of-service filed on behalf of the petitioners is taken on record. 2. Acknowledgement receipts showing deposit of ad valorem court fees is also taken on record. 3. By the present writ petition, the petitioners seek direction upon the respondent authorities particularly the respondent No.4, the District Inspector of Schools (Primary Education), Nadia for grant of ‘A’ category scale of pay including the arrear to the petitioners on and from the date following the last date of final examination of D.El.Ed. training course 2017-2019, i.e., 17th March, 2019 in terms of Memorandum being No.209-SE(EE)/PTTI-7/2011 dated 4th March, 2013 issued by the Joint Secretary, School Education Department, Government of West Bengal. 4. The petitioners contend that they joined in the post of Assistant Teachers in different Primary Schools under District Primary School Council, Nadia in the year 2017 as untrained candidates. The petitioners successfully completed D.El.Ed. final examination for the session 2017-2019, the results of which was declared on 22nd May, 2019. The petitioners have been granted ‘A’ category scale of pay from 26th August, 2022. However, the petitioners are entitled to ‘A’ category scale of pay from last date of final examination of D.El.Ed. Training Course. Hence, this writ petition. 5. Mr. Gourav Das, learned advocate for the petitioners submits that the controversy as to from which date the petitioners will be entitled to ‘A’ category scale of pay has been set at rest by 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 and it has been held that the entitlement of ‘A’ category scale of pay shall be the date of declaration of the result. He seeks that similar benefit be extended to the petitioners in the light of the decision of the Hon’ble Division Bench. 6. Mr. Brijendra Pratap Singh, learned advocate for the State and Mr. Arindam Chattopadhyay, learned 2 advocate for the District Primary School Council, Nadia leave the matter to the discretion of the Court. 7. 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.” 8. Admittedly the petitioners are 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 petitioners shall be granted ‘A’ category pay-scale subject to verification by the authorities with effect from the date of result declaration of D.El.Ed. (online) examination held in the month of March, 2019, i.e. 22nd May, 2019 and arrear salary, if any, shall be paid to the petitioners by end of August, 2026. 9. With the above direction, the writ petition being WPA 22228 of 2024 stands disposed of. 10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11. Interim order, if any, stands vacated. 12. All connected applications, if any, stand disposed of. 13. There shall be no order as to costs. 14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 3 15. 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