Extracted from the PDF above. The PDF is authoritative.
31.08.2026 Sl. No.702 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 22094 of 2024
Smt. Bula Saha vs The State of West Bengal & ors. Mr. Somesh Kr. Ghosh
Mr. Suman Mukherjee
…for the Petitioner. Mr. Brijendra Pratap Singh
Mr. Asit Kumar De
…for the State. Ms. Sumita Sen
Mr. Koushik Chowdhury
.. for the DPSC, Birbhum
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 nos. 4, 5 and 6 to give all benefits of ‘A’ category scale of pay to the petitioner from the date of completion of one-year Primary Teachers Training (in short PTT) course for the session 2005-2006 and consequently pay arrear salaries with effect from June,
2006. 3. The petitioner contends that she joined as an Assistant Primary Teacher in Hatia No.2 Primary School under Labpur Circle on 2nd May, 2002 as an untrained candidate. The appointment of the petitioner was subsequently approved by the respondent authorities concerned. The petitioner has completed the PTT course for the session 2005-2006, the result of which
2 was declared on 14th July, 2011. The petitioner claims that ‘A’ category scale of pay ought to be granted to the petitioner from the date of completion of course, i.e. June, 2006. Hence, this writ petition. 4. Mr. Somesh Kr. Ghosh, learned Advocate appearing for the petitioner submits that as per letter dated 6th July, 2004 issued by Chairman, District Primary School Council, Birbhum, the petitioner was deputed to undergo Primary Teachers Training course for the session 2005-2006. The petitioner duly completed such training on June, 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 similar 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 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
3 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. The petitioner has been granted ‘A’ category scale of pay with effect from 1st July, 2019. The petitioner is also confirmed in service with effect from 2nd May, 2004. He files copy of a relevant portion of service book and office memorandum showing confirmation in service. In light of the 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. 5. Learned Advocates representing the State as well as District Primary School Council concede to the submission advanced on behalf of the petitioner. 6. Having considered the submissions of the learned Advocates for the respective parties, the issue which falls for consideration is whether the petitioner is entitled to ‘A’ category scale of pay from the date of completion of PTT course for the session 2005-2006 i.e. June, 2006. 7. 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. 4
8. The second aspect which falls for consideration is from which date the petitioner will be entitled to ‘A’ category scale of pay. 9. A Co-ordinate Bench in similar situation passed orders in (i) Khelaram Dhara -versus- 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 -versus- The State of West Bengal & ors. (WPA 10630 of 2024) granting ‘A’ category scale of pay with effect from June, 2006. 10. Accordingly, in line with the aforesaid decisions, the petitioner is entitled to ‘A’ category scale of pay with effect from June, 2006. 11. 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.. 12. With the above direction, the writ petition being WPA 22094 of 2024 stands disposed of. 13. Learned advocate for the petitioner is directed to communicate this order to the concerned respondents for necessary compliance. 14. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 15. Interim order, if any, stands vacated. 16. All connected applications, if any, stand disposed of. 17. There shall be no order as to costs. 5
18. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 19. 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.)