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2026 DAILYLAW 39858 (CAL)

SARASWATI SADHUKHAN v. STATE OF WEST BENGAL AND ORS.

WPA/15789/2025 · 2026-09-07

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026. 1879 Ct. No.14 jb. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No.15789 of 2025 Saraswati Sadhukhan VS THE STATE OF WEST BENGAL AND ORS. Mr. Sarajit Sen Mr. Saumyen Datta Mr. Tapas Singha Roy …for the Petitioner. Mr. Biswabrata Basu Mallick … for the DPSC, Hooghly Ms. Aparna Banerjee Mr. Bibhasaditya Chakraborty … for the State. Ms. Asha G. Gutgutia … for the NCTE 1. By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant ‘A’ category scale of pay to the petitioner from the date of her appointment in the post of Assistant Teacher in the primary school under District Primary School Council, North 24 Parganas. 2. The petitioner contends that she joined as an Assistant Teacher (Trained) in Madhabkati Jogeshganj Primary School under Hingalganj South Circle on 26th August, 2021. Subsequently, the petitioner has been transferred from the district of North 24 Parganas to the District of Hooghly. Prior to joining in service the petitioner obtained the B.Ed. degree in the year 2017. Presently the petitioner is an Assistant Teacher at Kamtai Primary School, Circle-Itachuna, District- 2 Hooghly where she joined on 22nd April, 2025. The petitioner claims ‘A’ category scale of pay from the date of her joining. 3. Mr. Sarajit Sen, learned Advocate appearing on behalf of the petitioner submits that the matter be relegated to the appropriate authority for due consideration. In support of his contention, he relies on the following decisions: (i) Waliur Rahaman & Ors. versus The State of West Bengal & Ors. (In Re: MAT 1038 of 2024); (ii) Khokan Das versus The State of West Bengal & Ors. (In Re: WPA 13023 of 2025); (iii) Mahammad Enamul Haque versus The State of West Bengal & Ors. (In Re: WPA 29672 of 2024) ; (iv) Rezaul Saikh & Ors. versus The State of West Bengal & Ors. (In Re: WPA 22526 of 2024). (v) Tuhin Hossain versus The State of West Bengal & Ors. (In Re: WPA 19110 of 2025). 4. Mr. Biswabrata Basu Mallick, learned Advocate for the District Primary School Council Hooghly as well as Ms. Aparna Banerjee, learned Advocate appearing on behalf of the State concedes such submission. 5. On the prayer of learned advocate for the petitioner is liberty is granted to submit a comprehensive representation before the respondent no. 3, Commissioner of School Education within a period of four weeks from date. In the event such representation is submitted within the prescribed period, the Commissioner of School Education shall decide the 3 same within a period of eight weeks from the date of receipt of the representation in accordance with law. 6. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 7. Learned advocate for the petitioner is directed to communicate this order to respondent no.3, Commissioner of School Education, Government of West Bengal, for necessary compliance. 8. With the above direction, the writ petition being WPA 15789 of 2025 stands disposed of. 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.)