20.07.2026 Sl. No.48 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/26576/2024 SHILAJIT SARDAR VS STATE OF WEST BENGAL AND ORS. Mr. Shaharayar Alam Mr. Saiful Alam …for the Petitioner. Mr. Brijendra Pratap Singh Mr. KAsit Kumar De …for the State. Mr. Gourav Das …for DPSC, South 24-Parganas. 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities particularly the respondent No.10, the District Inspector of Schools (Primary Education), South 24-Parganas to grant of ‘A’ category scale of pay including the arrear to the petitioner on and from the last date of final examination of Diploma in Elementary Education (in short, ‘D.El.Ed.’) training course 2017-2019 i.e. 16th March, 2019. 3. The petitioner contends that he joined as an Assistant Teacher in a Primary School under District Primary School Council, South 24-Parganas on 5th November, 1999 as untrained candidate. The petitioner has successfully completed D.El.Ed. Course for the session 2017-2019, the results of which were declared on 22nd May, 2019. The petitioner has been granted ‘A’ category scale of pay from 22nd May, 2023. The petitioner claims ‘A’ category scale of pay from the last date of final examination of the D.El.Ed. Training course including arrears. 4. Mr. Shaharayar Alam, learned advocate for the petitioner submits that the controversy as to from which date the petitioner 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 petitioner in the light of the decision of the Hon’ble Division Bench. 5. Mr. Brijendra Pratap Singh, learned advocate for the State and Mr. Gourav Das. learned advocate for the District Primary School Council, South 24-Parganas leave the matter to the discretion of the Court. 6. 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, 2 2019 and that the arrears shall be paid to the writ petitioners by 15th December, 2025.” 7. Admittedly, the petitioner is 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 petitioner shall be granted ‘A’ category pay- scale, subject to verification by the authorities concerned, 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 petitioner by end of August, 2026. 8. With the above direction, the writ petition being WPA 26576 of 2024 stands disposed of. 9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 10. Interim order, if any, stands vacated. 11. All connected applications, if any, stand disposed of. 12. There shall be no order as to costs. 13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 14. 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.) 3