SANJIT HALDER AND ORS. v. STATE OF WEST BENGAL AND ORS.
WPA/20812/2026 · 2026-08-31
Bivas Pattanayak
Special Leave Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 37487 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37487 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
31.08.2026 Sl. No.699 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
W.P.A. 20812 of 2026 Sanjit Halder & ors. Versus The State of West Bengal & Ors. Mr. Sudip Ghosh Chowdhury Ms. Pritha Biswas Ms. Upasana Sarkar
…for the Petitioners. Mr. Bidhayak Lahiri Ms. Puja Mondal …for the State. Md. Sarwar Jahan
Sk. Nayeemul Hoque …for the DPSC, Murshidabad. 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. Ad valorem Court fees have been paid on behalf of the petitioners. 3. By the present writ petition, the petitioners seek direction upon the respondent authorities particularly respondent No.2, the Commissioner of School Education, Government of West Bengal to consider the prayer of the petitioners for grant of „A‟ category scale of pay. 4. The petitioners contend that they are all Assistant Teachers in different primary schools under District Primary School Council, Murshidabad. The petitioners initially participated in the recruitment process of 2016 with B.Ed. qualification. The petitioners were after being successful in the selection process of 2016 were
2 given appointment for the post of Assistant Teachers as untrained candidates. The petitioners after joining as Assistant Teachers in different primary schools participated in the recruitment process for the post of Assistant Teachers in Government Aided schools in First State Level Selection Test (in short, “SLST”), 2016. The petitioners became successful in the 1st SLST. Thereafter, the petitioners resigned from the post of Assistant Teachers in primary schools and joined as Assistant Teachers in Government aided schools in secondary/higher secondary level. Subsequent thereto, vide judgment dated 3rd April, 2025 passed in Civil Appeal a/o SLP(C) – 9586 of 2024 [State of West Bengal vs. Baisakhi Bhattacharyya (Chatterjee) & ors.], the Hon'ble Supreme Court cancelled the entire panel of recruitment process of 1st SLST, 2016 for Classes IX-X, XI-XII, Group-C and Group-D. However, the Hon'ble Supreme Court granted liberty to continue in their previous department. Pursuant thereto, the petitioners have again joined the primary schools under District Primary School Council, Murshidabad. The petitioners made separate representations before respondent No.2, the Commissioner of School Education Department, Government of West Bengal for grant of “A” category scale of pay which are still pending consideration. Hence, this writ petition. 5. Mr.
Sudip Ghosh Chowdhury, learned Advocate appearing for the petitioners submits that in similar situation a coordinate Bench of this Court has passed
3 orders in WPA 469 of 2026 [Kastaba Nandy & ors. vs. The State of West Bengal & ors.] vide order dated 25th March, 2026 which has been duly complied with by the respondent No.2, the Commissioner of School Education Department, Government of West Bengal vide office memorandum dated 9th July, 2026. He seeks that similar benefits may also be extended to the petitioners directing respondent No.2, the Commissioner of School Education Department, Government of West Bengal to consider the representations of the petitioners. 6. Sk. Nayeemul Haque, learned Advocate appearing for the respondent District Primary School Council, Murshidabad as well as Mr. Bidhayak Lahiri, learned advocate representing the State concedes to such submission. 7. In view of the above conspectus, respondent No.2, the Commissioner of School Education Department, Government of West Bengal is directed to consider the separate representations of the petitioners (annexure P-3) and dispose of the same in accordance with law upon giving notice to the petitioners in terms of the relevant rules by passing a reasoned order within a period of eight weeks from the date of communication of this order. 8. It is made clear that this Court has not gone into the merits of the writ petition. In the event, the petitioners are found eligible all consequential orders be passed. 4
9. Learned advocate for the petitioners is directed to communicate this order to the respondent No.2, the Commissioner of School Education Department, Government of West Bengal, for necessary compliance. 10. With the above direction, the writ petition being WPA 20812 of 2026 stands disposed of. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15.
All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. 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.)