21.09.2026 Sl. No.792 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 4490 of 2026 Farid Md. Vs The State of West Bengal and Ors. Mr. Somesh Kumar Ghosh Mr. Suman Mukherjee …for the Petitioners. Mr. Brijendra Pratap Singh Mr. Sourav Sengupta …for the State. Mr. Biswabrata Basu Mallick Mr. Biman Halder …for DPSC, Uttar Dinajpur. 1. Affidavit-of-service filed on behalf of the petitioners is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities particularly the respondent No.5, the Chairman, District Primary School Council, Uttar Dinajpur for grant of ‘A’ category scale of pay including the arrear to the petitioner on and from the last date of final examination of Diploma in Elementary Education (in short, „D.El.Ed.’) training course, 2017-2019, i.e., 16th March, 2019 in terms of Memorandum being No.209-SE(EE)/PTTI-7/2011 dated 4th March, 2013 issued by the Joint Secretary, School Education Department, Government of West Bengal. 3. The petitioner contends that he joined in the post of Assistant Teacher in Balia FP School under Raiganj North Circle, District Uttar Dinajpur on 15th February, 2 2017 as an untrained candidate. The petitioner successfully completed D.El.Ed. final examination for the session 2017-2019, the result of which was declared on 22nd May, 2019. The petitioner has been granted ‘A’ category scale of pay from 1st July, 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. 4. Mr. Somesh Kumar Ghosh, 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. 5. Learned Advocates for the State as well as for the District Primary School Council, Uttar Dinajpur leave the matter to the discretion of the Court. 6. 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 3 the date of result declaration of D. EL. Ed (online) 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.” 7. 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. 8. With the above direction, the writ petition being WPA 4490 of 2026 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.)