28.09.2026 Item No.762 (DL) Court No.14 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 12759 of 2025 Somnath Marick versus The State of West & Ors. Mr. Susanto Pal, Mr. Mrinal Kanti Sardar. …for the petitioner. Mr. Lokenath Chatterjee, Jr. Standing Counsel, Mr. Brijendra Pratap Singh, Mr. Kanwaljeet Singh. …for the State. Mr. Pronay Basak. …for the DPSC, South 24-Parganas. 1. Report filed by respondent no.6, Chairman, District Primary School Council, South 24-Parganas (in short ‘DPSC’) dated 9th September 2026 is taken on record. 2. At the outset learned Advocate for the petitioner does not press for prayer (b) of the writ petition seeking direction upon the respondent authorities for refixation of Grade pay of the petitioner of Rs.3,900/- (as trained Rs.3,600/- plus Rs.300/- for 18 years’ service benefit as granted to the petitioner) on and from 1st August, 2019. He seeks that liberty be granted to the petitioner to pray for the same by way of a separate proceeding. 3. As per prayer (a) of the writ petition, the petitioner seeks direction upon the respondent authorities for grant of ‘A’ Category scale of pay on and from 1st July, 2016 as per Memo No. 2 3427 dated 5th February 2016 issued by respondent no.6 Chairman, DPSC (Annexure ‘P- 6’ of the writ petition). 4. The petitioner contends that he joined as an Assistant Teacher in Sharatnagar F.P. School under Mathurapur Paschim Circle, South 24-Parganas on 12th November, 1999. Subsequently, the petitioner was transferred to Majhpukur F.P. Primary School. The petitioner passed Diploma in Elementary Education (in short ‘Dl.El.Ed’) for the session 2014-2016 on 23rd August, 2017. The petitioner claims that as he completed the course on 30th June, 2016, hence ‘A’ Category scale of pay ought to have been granted from such date following the date of completion and not from the date of declaration of results i.e. 23rd July, 2017. Hence, this writ petition. 5. Mr. Susanto Pal, learned Advocate appearing for the petitioner submits that the petitioner having completed D.El.Ed. Course on 30th June, 2016, ought to be granted ‘A’ Category scale of pay from 1st July, 2016. Reliance is placed on the decision of this Court passed in Biswanath Das versus The State of West Bengal & Ors. (In Re: WPA 14665 of 2025). 6. On the contrary, Mr. Pronay Basak, learned Advocate appearing for the DPSC, South 24-Parganas submits that the petitioner himself 3 has submitted application on 12th September, 2017 before the authority concerned seeking for ‘A’ Category scale of pay on and from 23rd August, 2017. The petitioner did not file any application subsequent thereto for revising his prayer for the grant from a prior date. The above prayer of the petitioner has been accepted and he has been granted ‘A’ category of pay on and from 23rd August, 2017. Hence the petitioner is stopped from claiming ‘A’ category from a prior date. Moreover, the examination schedule at page 37 (Annexure ‘P-12’ of the writ petition) would show that May, 2017 was fixed for the examination and therefore, the contention of completion of the D.El.Ed course at a prior date is grossly misconceived and is a misnomer. Furthermore the notification no.209-SE (EE)/PPTI-7/2011 dated 4th March, 2013, the teachers who have completed two years D.El.ED course would be entitled to ‘A’ category from the date of attainment of such qualification and not from any prior date. Relying on the decision of the Hon’ble Division Bench passed in DPSC, Purba Medinipur & Anr. Versus Prasanta Dolai & Ors. (In Re: FMA 1029 of 2024) he submits that the petitioner is entitled to ‘A’ Category of pay scale from the date of declaration of the result. In light of his above submissions, he seeks for dismissal of the writ petition. 4 7. Learned Advocate appearing for the State adopts the submission advanced on behalf of the DPSC, South 24-Parganas. 8. Upon hearing the learned Advocates appearing for the respective parties the only issue which falls for consideration is whether the petitioner is entitlement to ‘A’ Category scale of pay from date of completion of the course or not. 9. Undeniably the petitioner has been granted ‘A’ Category scale of pay on and from 23rd August, 2017 i.e. the date of declaration of the results. It is found from the application of the petitioner (Annexure ‘P-11’ at page 35 of the writ petition) that the petitioner applied for getting ‘A’ Category scale of pay from the date of declaration of the result i.e. on 23rd August, 2017. Such being the position the petitioner cannot approbate and reprobate at the same time. 10. The facts of the decision in Biswanath Das (supra) are distinguishable from the case at hand. 11. Hence the writ petition falls short of merit. 12. Accordingly, the writ petition being WPA 12759 of 2025 is dismissed. 13. In view of the submissions made on behalf of the petitioner, it is left open to the 5 petitioner to seek for prayer (b) of the writ petition in a separate proceeding. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. 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.)