17.07.2026 Sl. No.15 Ct. No.14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 5495 of 2026 Sandip Paria & ors. Versus The State of West Bengal & Ors. Mr. Shaharayar Alam …for the Petitioners. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Mr. Shiv Shankar Banerjee Mr. Siddhartha Chamria Mr. A. Narayan Banerjee …for respondent NIOS. Mr. Gourav Das …for DPSC, South 24 Pgns. 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. The petitioners are directed to deposit ad valorem court fees, if not already paid. 3. By the present writ petition, the petitioners seek direction upon the respondent authorities particularly the respondent No.10, the District Inspector of Schools (Primary Education), South 24 Parganas for grant of ‘A’ category scale of pay including the arrear to the petitioners 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. 4. The petitioners contend that they joined as Assistant Teachers in different primary schools under the District Primary School Council, South 24 Parganas as mentioned hereinbelow:- Sl. No. Name Date of joining School Name Circle 1. Sandip Paria 11.02.2017 Tentulberia Raghunathpur F.P. School Joynagar 2. Pradip Kumar Paul 11.02.2017 Gobindapur F.P. School Sagar North 3. Anupam Jana 13.02.2017 Gobindapur F.P. School Sagar North 4. Krishna Roy 13.02.2017 Mandirtala F.P. School Sagar North 5. Deb Kumar Mandal 13.02.2017 Quaberia F.P. School Kakdwip South 6. Shibsankar 11.02.2017 Sapkhali Dwarikanath F.P. School Sagar North 7. Tapas Kumar Sardar 07.04.2017 Chitranagar F.P. / Jr. Basic School Karanjali 8. Biswajit Naskar 12.11.1999 Ramchandrapur F.P. School Bishnupur 2 No. 5. All the petitioners joined their services as untrained candidates. The petitioners completed their on-line D.El.Ed. in the month of March, 2019. The final results of D.El.Ed. was published on 22nd May, 2019. The petitioners were granted A-Category Scale of Pay on and from the following dates. Sl. No. Name Memo No. & Date School Name Date of Grant of A- Category 1. Sandip Paria 3358 / DPSC / S. 24 PGNS. / 23 Dated 28.11.2023 Tentulberia Raghunathpur F.P. School 26.08.2022 2. Prabir Kumar Paul 0840 / DPSC / S. 24 PGNS. / 25 Dated 12.06.2025 Gobindapur F.P. School 12.06.2025 3. Anupam Jana 0841 / DPSC / S. 24 PGNS. / 25 Dated 12.06.2025 Gobindapur F.P. School 12.06.2025 2 4. Krishna Roy 0843 / DPSC / S. 24 PGNS. / 25 Dated 12.06.2025 Mandirtala F.P. School 12.06.2025 5. Deb Kumar Mandal 5081 / DPSC / S. 24 PGNS. / 24 Dated 07.03.2024 Quaberia F.P. School 26.08.2022 6. Shibsankar 0842 / DPSC / S. 24 PGNS. / 25 Dated 12.06.2025 Sapkhali Dwarikanath F.P. School 12.06.2025 7. Tapas Kumar Sardar 3022 / DPSC / S. 24 PGNS. / 23 Dated 03.11.2023 Chitranagar F.P. / Jr. Basic School 24.08.2023 8. Biswajit Naskar 2965 / DPSC / S. 24 PGNS. / 23 Dated 22.03.2023 Ramchandrapur F.P. School 07.03.2023 6. The petitioners claim ‘A’ category scale of pay from the last date of final examination of the D.El.Ed. training course including arrears. 7. Mr. Shaharayar Alam, learned Advocate for the petitioners submit 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. 8. Mr. Brijendra Pratap Singh, learned Advocate for the State and Mr. Gourav Das, learned Advocate for the DPSC, South 24 Parganas, leave the matter to the discretion of the Court. 3 9. 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.” 10. 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 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 the end of August, 2026. 11. With the above direction, the writ petition being WPA 5495 of 2026 stands disposed of. 12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 13. Interim order, if any, stands vacated. 14. All connected applications, if any, stand disposed of. 15. There shall be no order as to costs. 16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 17. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. 4 (Bivas Pattanayak, J.) 5