14 17.09.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 4767 of 2014 with IA No. CAN 1 of 2026 CAN 2 of 2026 Swapan Chakraborty -versus The State of West Bengal & Ors. Mr. Biswarup Biswas Mr. Pradip Kumar Ghosh … For the Petitioner Mr. Biswajit Mukherjee Mr. Koushikee Banerjee … For the State In re: CAN 1 of 2026 with CAN 2 of 2026 1. Affidavit of service filed in Court today is taken on record. 2. The petitioner prays for recalling the order dated 24th July, 2023 dismissing the writ petition for default. 3. The petitioner has also filed an application praying for condonation of delay in filing the application for recalling. 4. I have perused both the applications and am satisfied with the cause shown therein. 5. In view of the above, the order dated 24th July, 2023 dismissing the writ petition for default stands recalled. 6. WPA 4767 of 2014 is restored to its original file and number. 2 7. The applications, being CAN 1 of 2026 and CAN 2 of 2026 are disposed of. In re: WPA 4767 of 2014 8. The petitioner seeks post graduate scale of pay. He is serving as an Assistant Teacher in Physical Education group. His prayer for post graduate scale of pay was forwarded by the school to the District Inspector of Schools (SE), North 24-Parganas in April 2013. There is no response to the same till date. 9. It appears that a considerable period of time has elapsed from the date the application seeking post graduate scale of pay was prayed for on behalf of the petitioner by the school. 10. The issue as to whether Physical and Work Education group of teachers would be entitled to receive post graduate scale of pay has been conclusively decided by this Court in a series of matters. 11. 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 3 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. 12. 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. 13. 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. 14. 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. 15. Learned advocate for the petitioner also relies on the order dated 26th February, 2026 passed by 4 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). 16. 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. 17. The instant writ petition stands disposed of by directing the District Inspector of Schools (SE), North 24-Parganas to take a decision on the petitioner’s prayer for grant of post graduate scale of pay in line with the directions passed by this Court in the matters mentioned hereinabove. 18. An opportunity of hearing shall be granted to the petitioner for production of all documents in support of his prayer. 19. A decision shall be taken in the matter at the earliest but positively within a period of twelve weeks from the date of communication of this order. 20. If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken without any further delay. 21. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 5 22. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities. (Amrita Sinha, J.)