21.09.2026 Sl. No.801 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/21882/2026 Gopal Sarkar VS The State of West Bengal and Ors. Mr. Shaharayar Alam …for the Petitioner. Mr. Subit Majumder Mr. Mrinal Kanti Biswas …for the State. Mr. Biswabrata Basu Mallick Mr. Biman Halder …for DPSC, Uttar Dinajpur. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Report filed by the State furnished by Joint Secretary, School Education Department is also taken on record. 3. By the present writ petition, the petitioner seeks direction upon the respondent authorities particularly the respondent No.9, the Chairman, District Primary School Council, Uttar Dinajpur and respondent No.10, District Inspector of Schools (Primary Education), Uttar Dinajpur for grant of ‘A’ category scale of pay to the petitioner from the date following the last date of final examination of D.El.Ed. training course 2017-2019, i.e., 16th March, 2019 including arrears. 4. The petitioner contends that he joined as an Assistant Teacher in Bhadrashila West F. P. School under Itahar Circle, District-Uttar Dinajpur on 13th February, 2017 as untrained candidate. The petitioner successfully completed D.El.Ed. final examination for the session 2017-2019, the results of which was declared on 22nd May, 2019. The petitioner has been granted ‘A’ category scale of pay from 26th August, 2022. However, the petitioner is entitled to ‘A’ category scale of pay from last date of final examination of D.El.Ed. Training Course. Hence, this writ petition. 5. Mr. Shaharayar Alam, learned advocate for the petitioner submits that the controversy as to from which date the petitioner will be entitled to ‘A’ category scale of pay has been set at rest by the Hon’ble Division Bench of this Court in District Primary School Council, Purba Medinipur & Anr. versus Prasanta Dolai & Ors. (In Re: FMA 1029 of 2024) and other appeals and it has been held that the entitlement of ‘A’ category scale of pay shall be the date of declaration of the result. He seeks that similar benefit be extended to the petitioner in the light of the decision of the Hon’ble Division Bench. 6. Mr. Subit Majumder, learned advocate for the State leaves the matter to the discretion of the Court. 7. The Hon’ble Division Bench in respect of the similarly circumstanced petitioners in FMA 1029 of 2024 observed as follows: “In view thereof, the orders passed by the learned single Judge in the respective writ petitions are modified to the effect that the writ petitioner/respondent no.1 in the respective appeals shall be granted 'A' category pay-scale with effect from the date of result declaration of D. EL. Ed (online) 2 examination held in March 2019, i.e., 22nd May, 2019 and that the arrears shall be paid to the writ petitioners by 15th December, 2025.” 8. Admittedly the petitioner is similarly circumstanced as of the petitioners in the earlier writ petitions. In view of the aforesaid order passed by the Hon’ble Division Bench, the petitioner shall be granted ‘A’ category pay- scale subject to verification by the authorities with effect from the date of result declaration of D.El.Ed. (online) examination held in the month of March, 2019, i.e. 22nd May, 2019 and arrear salary, if any, shall be paid to the petitioner by end of October, 2026. 9. With the above direction, the writ petition being WPA 21882 of 2026 stands disposed of. 10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11. Interim order, if any, stands vacated. 12. All connected applications, if any, stand disposed of. 13. There shall be no order as to costs. 14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 15. 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.) 3