Extracted from the PDF above. The PDF is authoritative.
31.08.2026 Sl. No.22 Ct. No.14 sayandeep IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 11689 of 2026
Azizur Rahaman
Vs. The State of West Bengal and Ors. Mr. Ananda Paul
…for the Petitioner. Mr. Mary Datta Mr. Sourav Sengupta …for the State. Mr. Biswabrata Basu Mallick
…for the DPSC, Uttar Dinajpur
1. The 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 for grant of ‘A’ category scale of pay from the date of completion of Diploma in Elementary Education (in short „D.El.ED‟), 2017-2019 that is from 17th March, 2019 together with arrears. 3. The petitioner contends that he joined as an Assistant Teacher in Primary School under District Primary School Council, Uttar Dinajpur in the year 2017 as untrained candidate. The petitioner completed his D.El.ED training course in ODL mode in the year 2017-2019. After completion of the D.El.ED course, the petitioner has been granted ‘A’ category scale of pay on and from 26th August,
2022. However, the petitioner claims that such ‘A’ category scale of pay should be granted from the last date of examination of the D.El.ED course. 2
4. Mr. Paul, learned advocate for the petitioner appearing through virtual mode submits that the petitioner is entitled to ‘A’ category scale of pay from the last date of examination of the D.El.ED course. 5. Mr. Biswabrata Basu Mallick, learned advocate for the DPSC, Uttar Dinajpur as well as Mr. Sourav Sengupta learned advocate appearing for the State submits that as per the order of the Hon’ble Division Bench passed in District Primary School Council, Purba Medinipur & anr. Versus Prasanta Dolai & ors.(in Re: FMA 1029 of 2024), the petitioner is entitled to ‘A’ category scale of pay from the date of publication of the result on 22nd May, 2019. 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, 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 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 October, 2026. 8. With the above direction, the writ petition being WPA 11689 of 2026 stands disposed of. 3
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.)