03.09.2026 Sl. No.1 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 4107 of 2025 Tanima Chakraborty Versus The State of West Bengal & Ors. Mr. Bidyut Kr. Halder Mr. Indranil Halder Ms. Neha Singh …for the Petitioner Ms. Jayita Dhar Chakraborty Mr. Swapnamoy Sarkar … for the State Mr. Avinash Kankani Ms. Bidisha Chakraborty … for the respondent no.4- Kolkata Primary School Council 1. This matter is appearing in the list under the heading „For Orders‟. 2. Report in the form of affidavit filed on behalf of the respondent State is taken on record. 3. This is second round of litigation. 4. By the present writ petition the petitioner seeks for cancellation and/or setting aside of the order dated 2nd May, 2024 passed by the Chairman, Kolkata Primary School Council, respondent no.4 rejecting the prayer of the petitioner for grant of ‘A’ category scale of pay. 5. The petitioner contends that she was appointed as an Assistant Teacher in Ananda Ashram Junior Basic School under Kolkata Primary School Council vide appointment letter dated 30th July, 2015. The petitioner prior to joining service completed her Primary Teacher Training (in short, „PTT‟) Course for 2 the session 1999-2000 in the year 2000. Previously, the petitioner filed a writ petition being WPA 8507 of 2023 seeking for grant of ‘A’ category scale of pay. 6. The aforesaid writ petition was disposed of on 1st April, 2024 by passing the following directions: “4. This Court has been found in several cases that the delay in completing the teachers training course leading to the certificate of teaching issued by the DSE cannot be attributed to the petitioner. This Court accordingly allowed A category pay scale to several such teachers in several matters. In those circumstances, this Court directs the respondent Nos.3 to 5 to take a decision on the grant of A category pay scale to the petitioner mandatorily and positively within a period of one month from the date of communication of a copy of this order and communicate the same to the petitioner forthwith.” 7. Pursuant to such direction, the Chairman, Kolkata Primary School Council, respondent no.4 considered the prayer of the petitioner seeking for ‘A’ category scale of pay and rejected the same on the ground that the petitioner did not have the necessary qualification in terms of para (ii) of Notification No.209-SE (EE)/PTTI-7/2011 dated 4th March, 2013. 8. Being aggrieved by and dissatisfied with the said impugned order passed by the respondent no.4, Chairman, Kolkata Primary School Council, the petitioner has preferred the present writ petition. 9. Mr. Bidyut Kumar Halder, learned Advocate appearing on behalf of the petitioner submits that since the petitioner has completed one-year PTT course, she is entitled to ‘A’ category scale of pay. Relying on the decision of the Coordinate Bench of this Hon’ble Court passed in Chinmayee Sarkar Basak & ors. -versus- The State of West Bengal & ors. (In re: WPA No.13408 of 2024) he seeks that similar 3 benefits be extended to the petitioner by granting ‘A’ category scale of pay in her favour. 10. On the contrary, Mr. Avinash Kankani, learned Advocate representing the Chairman, Kolkata Primary School Council, respondent no.4 submits that as per para (ii) of the notification dated 4th March, 2013 the teachers, who completed one year Diploma in Primary Teacher Training Course and appointed after 31st December, 2005 and subsequently covered one year Bridge Course through NCTE recognised Institution, are entitled to ‘A’ category scale of pay. The petitioner has not completed the Bridge Course through NCTE recognized Institution as required under the notification. The impugned order has been passed rejecting the prayer for grant of ‘A’ category scale of pay basing on criteria provided in notification dated 4th march, 2013 and, therefore, does not call for interference. 11. Learned Advocate for the State submits in the similar fashion. 12. Upon hearing the learned Advocates for the respective parties, the only issue which falls for consideration is whether the respondent no.4, the Chairman, Kolkata Primary School Council is justified in rejecting the prayer of the petitioner for grant of ‘A’ category scale of pay or not. 13. Indisputably, the petitioner joined as an Assistant Teacher in a primary school under Council in the year 2015. Prior to joining service the petitioner completed 4 PTT course in the year 2000. In such backdrop, for convenience of discussion the Notification No.209-SE (EE)/PTTI-7/2011 dated 4th March, 2013 is reproduced hereunder: “ GOVERNMENT OF WEST BENGAL SCHOOL EDUCATION DEPARTMENT (ELEMENTARY EDUCATION BRANCH) BIKASH BHAWAN, SALT LAKE CITY, BOLKATA-91 No. 209-SE (EE)/PTTI-7/2011 Date:4.03.2013 From: S. C. Ghosh, Joint Secretary, School Education Deptt, To:The Chairman, District Primary School Council, Purba Medinipur P.O. Tamluk, Dist.: Purba Medinipur Subject: Grant of 'A' category scale of Pay to the Primary School Teachers. Sir, In inviting a reference to your letter vide No 1926/BS dt. 09.01.2013 and without prejudice to earlier orders of this Department in this regard I am directed to say that in terms of order of the National Council for Teacher Education vide No 62- 5/2008/NCTE/N&S (P1)/A53953 dt. 04.07.2012 and subsequent clarifications issued by this Deptt. vide No. 389(38)- SE(EE)/PTTI-7/2011 dt. 13.08.2012 and 801(38))-SE(ES)/PTTI- 7/2011 dt. 02.11.2012 the following categories of Primary School Teachers shall be treated as trained teachers and they may be allowed 'A' category scale of pay:- i) Teachers who have completed 2years Diploma in Elementary Education (D. El. Ed) from NCTE recognised institutions before/after their entry in service: Provided in-service teachers will be allowed 'A' category scale of pay from the date of attainment of such qualification of D.El.Ed. However persons already possessing D.El.Ed qualification before their entry as a Pry. School Teacher, may be allowed 'A' category scale of pay at the time of their joining the post. ii) Teachers completed one year Diploma in Primary Teacher Training Course and appointed after 31.12.2005 and subsequently covered one year Bridge Course through NCTE recognised Institution: Provided such category of teachers may be allowed 'A' category scale of pay from the date of their joining the post or the date of attainment of the qualification whichever is later. iii) Teachers who have attained 1 yr/2yrs. Diploma in Elementary Education from State recognised institutions and appointed as teacher on or before 31.12.2005 shall be treated as 'trained teacher': iv) Teachers who have attained degree/diploma viz. D.Ed (Special Education) or B.Ed. (Special Education) from RCI recognised institution and subsequently covered a 6 months' course in elementary education from NCTE recognised institution. v) Teachers who possessed B. Ed degree and appointed before 01.01.2012 and subsequently completed 6 months' course from NCTE recognised institution in elementary education. 5 vi) Teachers appointed prior to 01.07.1996 and also obtained B.ED/B.T./PGBT degree/diploma prior to 01.07.1996 may be allowed 'A' category scale of pay. The above guidelines may be followed in disposal of matters related to granting of "A" category scale of pay to Primary School Teachers. , Yours faithfully, Joint Secretary” 14. Upon perusal of para (ii) of the aforesaid notification dated 4th March, 2013, it is found that such class of teachers may be allowed ‘A’ category scale of pay who have completed one-year Diploma in Primary Teacher Training Course and appointed after 31st December, 2005 and subsequently covered one-year Bridge Course through NCTE recognized Institution. Undeniably, the petitioner has not completed one- year Bridge Course through NCTE recognized Institution. 15. The decision in Chinmayee Sarkar Basak (supra) has been passed upon relying on a decision of the Hon’ble Division Bench passed in The District Primary School Council, Murshidabad and another -versus- Bhriguram Karmakar and others (In re: MAT 714 of 2020). In the aforesaid decision, the petitioners/teachers were appointed prior to the cut-off date and thus is factually distinguishable. 16. Since the petitioner has joined after 31st December, 2005, as per the notification, she is required to complete one-year Bridge Course through NCTE recognized institution. 17. In view of the above, the writ petition falls short of merit. 6 18. Hence, the impugned order dated 2nd May, 2024 passed by the respondent no.4, the Chairman, Kolkata Primary School Council does not call for interference. 19. Accordingly, the writ petition being WPA 4107 of 2025 stands dismissed. 20. Consequently, connected applications, if any, stand disposed of. 21. Interim orders, if any, stand vacated. 22. There shall be no order as to costs. 23. 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.)