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2026 DAILYLAW 31924 (CAL)

TARAK CHANDRA DHUL v. STATE OF WEST BENGAL AND ORS.

WPA/6862/2026 · 2026-07-28

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.07.2026 Sl. No.10 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/6862/2026 TARAK CHANDRA DHUL VS STATE OF WEST BENGAL AND ORS. Mr. Biswaroop Biswas Mr. Pradip Kumar Ghosh …for the Petitioner. Mr. Biswabrata Basu Mallick Mr. Amman Arif Ansari … for the DPSC, Hooghly. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh … for the State 1. Affidavit of service filed by the petitioner is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondent authorities particularly respondent no.5, the District Inspector of Schools (P.E.), Hooghly to extend ‘A’ category scale of pay to the petitioner from the date of completion of Primary Teachers Training (in short, ‘PTT’) Course for the session 2005-06. 3. The petitioner contends that he was appointed as an Assistant Teacher in Telenipara Bhadreswar Primary School under District Primary School Council, Hooghly on 20th July, 2000 as an untrained candidate. The petitioner completed the PTT Course for the session 2005-2006, the results of which were declared on 14th July, 2011. The petitioner was appointed as Head Teacher of Netaji Vidyapith on 17th December, 2013 on the basis of said training qualification. The petitioner retired from service on superannuation on 31st January, 2026. On the verge of retirement the petitioner was served with memorandum dated 26th December, 2025 by DPSC, Hooghly stating that he is not entitled to get training benefit on and from 14th July, 2011 as per available existing rule because of the teacher passed one year PTT course after 1st January, 2006. The petitioner claims that the ‘A’ category scale of pay ought to have been granted to the petitioner from the date of completion of course, i.e. June, 2006. Hence, this writ petition. 4. Mr. Biswaroop Biswas, learned advocate appearing for the petitioner submits that as per the notification dated 26th July, 2025 issued by the District Primary School Council, Birbhum, the petitioner registered himself for completing the Primary Teachers Training course for the session 2005-2006. By a subsequent notification dated 4th March, 2013 it was notified that the teachers who have attained 1 year/2 years Diploma in Elementary Education from State recognized institutions and appointed as teacher on or before 31.12.2005 shall be treated as ‘trained teacher’. The Hon’ble Division Bench in Sunil Tudu –versus- State of West Bengal & ors. (MAT 107 of 2022) along with other appeals in similarly circumstances have held that the petitioners are entitled to ‘A’ category scale of pay. The date from which the entitlement of the petitioner’s ‘A’ category scale of pay also fell for 2 consideration before a Co-ordinate Bench of this Hon’ble Court in Swapan Kumar Das -versus- The State of West Bengal & ors. (WPA 10630 of 2024) along with other writ petitions wherein effect has been given from June, 2006. He also indicates that consistently in respect of other candidates, this Hon’ble Court has passed orders subsequent thereto entitling the petitioners to ‘A’ category scale of pay with effect from June, 2006. There is no appeal against the orders passed by the learned Single Judge in respect of the similarly circumstanced petitioners as aforesaid. In light of his aforesaid submission, he prays that the petitioner who is also similarly circumstanced be extended the benefit of ‘A’ category scale of pay with effect from June, 2006. Reliance is also placed on the decision of this court passed in Biswanath Das versus The State of West Bengal & ors. (Re: WPA 14665 of 2025). 5. Mr. Biswabrata Basu Mallick, learned advocate appearing on behalf of the District Primary School Council, Hooghly submits that the petitioner is similarly circumstanced as of Biswanath Das (Supra). 6. Mr. Brijendra Pratap Singh, learned advocate appearing on behalf of the State leaves the matter to the discretion of the court. 7. Having considered the submissions of the learned Advocates for the respective parties, the issue which falls for consideration is whether the petitioner is 3 entitled to ‘A’ category scale of pay from the date of completion of the training, i.e. June, 2006. 8. So far as the entitlement of ‘A’ category scale of pay is concerned, in case of similarly placed teachers the Hon’ble Division Bench in Sunil Tudu (supra) granted ‘A’ category scale of pay to the appellant therein. 9. The second aspect which falls for consideration is from which date the petitioner will be entitled to ‘A’ category scale of pay. 10. A Co-ordinate Bench in similar situation passed orders in (i) Khelaram Dhara -verrsus- The State of West Bengal & ors. (WPA 4381 of 2024), (ii) Menoka Murmu – versus- The State of West Bengal & ors. (WPA 4378 of 2024), (iii) Swapan Kumar Das (supra) granting ‘A’ category scale of pay with effect from June, 2006. 11. Accordingly, in line with the aforesaid decisions, the petitioner is entitled to ‘A’ category scale of pay with effect from June, 2006. 12. Accordingly letter dated 26th December, 2025 of Chairperson, HDPSC is hereby set aside. 13. The concerned authorities are directed to take necessary steps in view of the observations made hereinabove within a period of two months from the date of communication of this order. The authorities are further directed to extend all consequential benefits to the petitioner. 14. With the above direction, the writ petition being WPA 6862 of 2026 stands disposed of. 4 15. Learned advocate for the petitioner is directed to communicate this order to the concerned respondents for necessary compliance. 16. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 17. Interim order, if any, stands vacated. 18. All connected applications, if any, stand disposed of. 19. There shall be no order as to costs. 20. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 21. 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.) 5