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2026 DAILYLAW 42516 (CAL)

ASOK KUMAR MAHATO v. THE STATE OF WEST BENGAL AND ORS.

WPA/22497/2024 · 2026-09-18

Atarup Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.09.2026 Court No.444 DL/Item No.–1, 2 & 4 [Milan] IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 22497 of 2024 ASOK KUMAR MAHATO VS THE STATE OF WEST BENGAL & ORS. With WPA 22500 of 2024 ADITYA MANDAL VS THE STATE OF WEST BENGAL & ORS. With WPA 24347 of 2024 MAIDY MURMU VS THE STATE OF WEST BENGAL & ORS. Mr. Soumik Ganguly, Mr. Dilip Kumar Sadhu ….for the Petitioners (In WPA 22497 of 2024 & WPA 22500 of 2024) Mr. Bhagbat Choudhury, Mrs. Mallika Manna ….for the Petitioner (In WPA 24347 of 2024) Mr. Pratip Mukherjee, Mr. Swagatam Deb ….for the State 1. These three writ petitions have been preferred by writ petitioners seeking direction upon the respondents, particularly the respondent nos.6 & 7 to sanction the ‘A’ category scale of pay on and from June, 2006. 2. The petitioner, in WPA 22497 of 2024, was appointed as an Assistant Teacher on 26.12.2003 in Kenda 2 Primary School in terms of the memo dated 12.12.2003 issued by the Chairman of the District Primary School Council, Purulia. Subsequent thereto, he became the Head Teacher in the year 2016, thereafter he was transferred to Daldali Junior Basic School, Hura-I Circle on 10.07.2024. At the present, the petitioner is working as Head Teacher and has been rendering his sincere service with an unblemished track record. 3. The writ petitioner, in WPA 22500 of 2024, was appointed as an Assistant Teacher on 04.09.1998 in the Mrigichami Primary School, Burdwan-I Circle in terms of the Memo dated 01.09.1998, issued by the Chairman of the District Primary School Council, Purulia. Thereafter, the petitioner was transferred to Durmul J.B.S, then to Mahuda Primary School and he is presently working as an Assistant Teacher in Sidpur Primary School, Neturia Circle on and from 03.08.2007. 4. The petitioner, in WPA 24347 of 2024, was appointed as an untrained Assistant Teacher under the Council on 20.07.2000 by the then Chairman, Ad-hoc Committee, District Primary School Council, Burdwan, now known as Purba Burdwan vide memo No.Apptt/1864/1(7) upon compliance of all required formalities and in continuation with the said appoint letter, the petitioner duly joined at Nandai Free Primary School under the Kalna East Circle on 3 27.07.2000. Thereafter, the probationary period of the concerned petitioner had been confirmed as an Assistant Teacher under the Council with effect from 27.07.2000 vide memo dated 24.07.2003. 5. Needless to say that petitioners were deputed under training in different Government Primary Teachers’ Training Institute for sessions 2005-2006. Petitioners, after completion of course, appeared in the practical examination. However, the final examination of 2006 of PTTI was postponed. 6. The said examination was held in the year 2011 and the petitioners completed their training course. The Memorandum dated 18.10.2012 issued by the Government of West Bengal, School Education Department indicates, that teachers, who have attained for 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 Teachers. 7. The petitioner in WPA 22497 of 2024, the authority granted the ‘A’ category scale of pay with effect from 23.04.2014 in the pay band of Rs.5,400/- to Rs.25,200/- with grade pay of Rs.2,600/-. 8. The petitioner in WPA 22500 of 2024, the petitioner has been granted the ‘A’ category scale of pay with effect from 26.08.2022. 4 9. In WPA 24347 of 2024, the writ petitioner has been granted the ‘A’ Category scale of pay with effect from August, 2019. 10. Reliance has been placed on the judgment passed by the Hon’ble Division Bench in FMA 804 of 2019 and MAT 107 of 2022. It is also noticed that the respective Co-Ordinate Courts, from time to time in a similar situation, passed orders granting ‘A’ category scale of pay with effect from June, 2006. 11. Considering the judgments passed by the Hon’ble Division Bench as well as respective Co-ordinate Benches, it is found that the benefits to the Assistant Teacher on and from June, 2006, have been rendered. 12. It is needless to add in this context, due to the compelling circumstances, the authority concerned was not in a position to conduct the written examination in the year 2006 and the said examination was ultimately held sometimes in the year 2011, as a result of which, petitioners cannot be made sufferer. 13. In view of such, above writ petitions being WPA 22497 of 2024, WPA 22500 of 2024 and WPA 24347 of 2024 are disposed of with direction upon the respondent authority nos.6 & 7 to release the ‘A’ category scale of pay with effect from June, 2006 . 14. The entire exercise must be completed within a period of two months from the date of communication of this order. 5 15. The authorities concerned are directed to act on the basis of a server copy of this order duly downloaded from the official website of this Court. 16. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Atarup Banerjee, J.)