27-07-2026 Item No.37 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.9445 of 2019 Mizanur Rahaman -vs- The State of West Bengal & Ors. Mr. Shamim Ul Bari Ms. Jhilik Singha Ms. Asmita Mitra …for the petitioner Ms. Tapasi Palit Sinha Mr. Monojit Chakraborty …for the State 1. The petitioner is a teacher of Physical Education in a school. He seeks higher scale of pay. 2. A reasoned order dated March 14, 2018 rejecting the prayer of the petitioner for grant of higher scale of pay is assailed in the instant writ petition. 3. Learned counsel for the petitioner submits that the issue in question has already been decided by a larger Bench of this Court on February 7, 2024 in a batch of writ petitions first of which is in the matter of Utpal Kanti Karan v. State of West Bengal & Ors. reported in (2024) SCC OnLine (Cal) 1274. Paragraph nos. 255, 256 and 257 thereof have been relied upon in particular. 4. An appellate order against the judgment in the case of Utpal Kanti Karan dated January 21, 2026 passed in MAT No.1577 of 2025 with IA No.CAN 1 of 2025 (State of West Bengal & Ors. v. Ram Prasad Mondal & Ors.) has also been relied upon. 5. As learned counsel for the petitioner asserts that the issue has already been decided in the matter of Utpal Kanti Karan (supra), accordingly, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to file a representation afresh before the concerned DI highlighting his grievances. 6. A copy of the judgment and order in the cases of Utpal Kanti Karan (supra) and Ram Prasad Mondal (supra) shall be forwarded at the time of filing the representation before the District Inspector of Schools. 7. The DI of Schools shall consider the prayer of the petitioner for grant of higher scale of pay in line with the law laid down by the Court in the matter of Utpal Kanti Karan (supra), after giving a reasonable opportunity of hearing to the petitioner to place relevant documents in support of his case. 8. A fresh reasoned decision shall be given by the DI at the earliest but positively within a period of twelve weeks from the date of submission of the representation of the petitioner. The decision shall be communicated to the petitioner immediately thereafter. 9. The impugned order dated March 14, 2018 shall be kept in abeyance till a fresh decision is passed upon compliance of the order passed hereinabove. 10. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. 11. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 2 3