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2026 DAILYLAW 46302 (CAL)

CHANDANA BISWAS v. STATE OF WEST BENGAL AND ORS.

WPA/4501/2026 · 2026-09-28

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.09.2026 Sl. No.755 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 4501 of 2026 Chandana Biswas Versus The State of West Bengal & Ors. Mr. Somesh Kumar Ghosh Mr. Suman Mukherjee …for the Petitioner Mr. Pinaki Bhattacharyya … for the DPSC, North 24-Parganas Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh … for the State 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities, particularly, respondent no.2, the Commissioner of School Education, Government of West Bengal, to approve the petitioner in ‘A’ category scale of pay from the date of her joining. 3. The petitioner contends that she joined as an Assistant Teacher in South Quazipara Boys Primary School under Barasat Circle, District North 24-Parganas on 27th August, 2021. The petitioner joined the service with B.Ed. qualification. However, she has not been granted ‘A’ category scale of pay. Hence, this writ petition. 4. Mr. Somesh Kumar Ghosh, learned Advocate appearing on behalf of the petitioner submits that the 2 petitioner is entitled to ‘A’ category scale of pay since he joined in service with B.Ed. qualification which was eligible criteria at that point of time. 5. Mr. Pinaki Bhattacharyya, learned Advocate appearing on behalf of the District Primary School Council, North 24-Parganas submits that till date no such representation has been made by the petitioner before the authority concerned seeking ‘A’ category scale of pay. In the event such application is made, the same may be considered by the concerned authority, in accordance with law. 6. Similar submission is advanced on behalf of the learned Advocate for the State. 7. Mr. Ghosh, learned Advocate for the petitioner, at this stage, seeks that liberty be granted to the petitioner to file comprehensive representation before the authority concerned seeking ‘A’ category scale of pay. 8. In view of the above submissions, liberty is granted to the petitioner to make comprehensive representation before respondent no.2, the Commissioner of School Education, Government of West Bengal, within a period of four weeks from date. In the event such representation is made within the prescribed period, the respondent no.2, Commissioner of School Education, Government of West Bengal shall consider and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner, within a period of eight weeks from the date of submission of such representation. 3 9. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 10. Learned advocate for the petitioner is directed to communicate this order to respondent no.2, Commissioner of School Education, Government of West Bengal, for necessary compliance. 11. With the above direction, the writ petition being WPA 4501 of 2026 stands disposed of. 12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 13. Interim order, if any, stands vacated. 14. All connected applications, if any, stand disposed of. 15. There shall be no order as to costs. 16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 17. 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.)