19 16.09.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 10063 of 2026 Subrata Ghosh -versus State of West Bengal & Ors. Mr. Biswarup Biswas … For the petitioner Mr. Pulakesh Bajpayee Mr. Subit Majumdar … For the State 1. The reasoned order dated 27th April, 2023 passed by the District Inspector of Schools (SE), Paschim Medinipur rejecting the prayer of the petitioner for grant of post graduate scale of pay in terms of the Order No.155-SE(B) dated 13th July, 1999 is impugned in the instant writ petition. 2. The petitioner is a teacher of Physical Education. His M.P.Ed. Part-II examination result was declared by the University of Kalyani on 23rd September, 2002 and the certificate was issued on 14th November, 2003. The petitioner participated in the recruitment process of the year 2002 and was approved in service with effect from 22nd November, 2002. 3. It has been submitted that the Court has already decided the issue as to whether the Physical Education teachers would get the benefit of higher scale of pay or not. It has been further submitted that the 2 prayer of the petitioner stood solely rejected relying on the Order No.155 dated 13th July, 1999 which had already been set aside and quashed by the Court and was non-existent on the day the impugned order was passed. 4. The order dated 30th September, 2015 passed by a coordinate Bench of this Court in WP 3248 (W) of 2011 (Tapas Kumar Biswas v. State of West Bengal & Ors.) has been relied upon in support of the submission that the Court was pleased to direct the Secretary to the Government of West Bengal, School Education Department, to take steps forthwith to prevent the officers of the Department to pass order relying upon the Government Order No.155-SE(B) dated 13th July, 1999 which was already set aside and quashed by the Court. It has been contended that the authority could not have relied upon the said order once the same had already been set aside by the Court. 5. Reliance has also been placed on the order passed by the Hon’ble Division Bench of this Court in the matter of Prasanta Kanti Bose v. State of West Bengal reported in 2026 (2) CHN (CAL) 164 wherein the Court specifically held that the issue as regards entitlement of post graduate scale of pay to teachers in Physical Education and Work Education group has been considered in the judgment delivered in the case of Baishali Banerjee v. State of West Bengal & Ors. reported in 2008 (2) CLJ (Cal) 472. 3 6. The Court specifically held that in Physical Education, there is no distinction between pass and honours category and, as such, Physical Education teachers with master degree in Physical Education would be entitled to post graduate scale of pay notwithstanding the fact that post graduate degree in Physical Education was not necessary for appointment as Assistant Teacher in Physical Education. 7. Reliance has also been placed on the judgment of the Special Bench in the matter of Utpal Kanti Karan & Ors. v. State of West Bengal & Ors. reported in 2024 SCC OnLine Cal 1274 wherein the issue has been clearly dealt with. 8. Learned advocate for the petitioner also relies on the order dated 26th February, 2026 passed by this Court in WPA 29770 of 2025 (Madhumita Banerjee v. The State of West Bengal & Ors.) wherein the Court took note of the fact that the issue has already been decided by the Three-Judge Bench of the Court in the matter of Utpal Kanti Karan (supra). 9. Learned advocate for the petitioner has also submitted that similar prayer for grant of higher scale of pay has been allowed by the Commissioner of School Education in respect of similarly placed teachers in Physical Education subject. 10. Prayer has been made to set aside the impugned order of rejection and to direct the authority to grant the post graduate scale of pay in his favour. 4 11. Learned advocate representing the State respondents opposes the submission of the petitioner. It has been submitted that the petitioner did not disclose his higher qualification at the time of his appointment. The judgment of Utpal Kanti Karan (supra) was delivered after the impugned order was passed by the District Inspector of Schools (SE), Paschim Medinipur. 12. Upon hearing the submissions made on behalf of both the parties and on perusal of the materials placed before this Court, it appears that the issue as to whether the Physical Education teachers would be entitled to receive the higher scale of pay or not has already been decided by the Court in the decisions mentioned hereinabove. The order passed by the Hon’ble Division Bench in the matter of Prasanta Kanti Bose (supra) and the order passed in the matter of Utpal Kanti Karan (supra) clinches the issue. There is no reason to take a different view in the matter. 13. In view of the above, the impugned order of rejection dated 27th April, 2023 is set aside. 14. The District Inspector of Schools (SE), Paschim Medinipur is directed to re-calculate the salary of the petitioner after providing the higher scale of pay taking into consideration his master degree qualification in Physical Education on and from his date of joining. 15. Steps shall be taken by the District Inspector of Schools in this regard at the earliest but positively 5 within a period of eight weeks from the date of communication of this order. 16. All arrear payment shall be disbursed in favour of the petitioner at the earliest but positively within a period of eight weeks from the date of calculation in terms of the order passed hereinabove. 17. The writ petition stands disposed of. 18. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 19. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities. (Amrita Sinha, J.)