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2026 DAILYLAW 9859 (CAL)

TAPAN KUMAR MALIK v. THE STATE OF WEST BENGAL AND ORS.

WPA/17054/2025 · 2026-04-17

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.04.2026 Sl. No15 Ct. No.14 tkm/TN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 17054 of 2025 Tapan Kumar Malik Versus The State of West Bengal & Ors. Mr. Bhagbat Chaudhuri …for the Petitioner Mr. Biswabrata Basu Mallick Mr. Amman Arif Ansari … for the DPSC, Hooghly Mr. Biman Halder … for the State 1. Affidavit of service filed by the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to give all benefits of ‘A’ category scale of pay to the petitioner from the date of completion of Primary Teachers Training (in short PTT) course 2005-2006 with effect from June 2006. 3. The petitioner contends that the petitioner joined as an Assistant Teacher in Panchghara Primary School under Chanditala Circle District Hooghly on 20th July, 2000. After completion of the probation period, the service of the petitioner has been confirmed w.e.f. 20th July 2002. Subsequent thereto, the petitioner completed PTT course for the session 2005-2006, the result of which was declared on 14th July 2011. The petitioner 2 claims ‘A’ category scale of pay in his favour from the date of completion of the course i.e. June 2006. Hence, this writ petition. 4. Mr. Bhagbat Chaudhuri, learned Advocate appearing for the petitioner submits that as per letter dated 21st June, 2005 issued by Secretary, District Primary School Council, Hooghly, the petitioner was deputed to undergo Primary Teachers Training course for the session 2005-2006. The petitioner duly completed such training on 22nd June, 2006. By a subsequent notification dated 4th March, 2013 it was notified that the teachers who have attained 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 teacher’. The Hon’ble Division Bench in Sunil Tudu -versusState of West Bengal & ors. (MAT 107 of 2022) along with other appeals in similarly circumstances have held that the petitioners are entitled to ‘A’ category scale of pay. The date from which the entitlement of the petitioner’s ‘A’ category scale of pay also fell for consideration before a Co-ordinate Bench of this Hon’ble Court in Swapan Kumar Das -versus- The State of West Bengal & ors. (WPA 10630 of 2024) along with other writ petitions wherein effect has been given from June, 2006. He also indicates that consistently in respect of other candidates, this Hon’ble Court has passed orders subsequent thereto entitling the petitioners to ‘A’ category scale of pay with effect from 3 June, 2006. There is no appeal against the orders passed by the learned Single Judge in respect of the similarly circumstanced petitioners as aforesaid. In light of the aforesaid submission, he prays that the petitioner who is also similarly circumstanced be extended the benefit of ‘A’ category scale of pay with effect from June, 2006. 5. Mr. Biswabrata Basu Mallick, learned Advocate appearing on behalf of the District Primary School Council, Hooghly concedes to the submission advanced on behalf of the petitioner. 6. Mr. Biman Halder, learned Advocate appearing on behalf of the State leaves the matter to the discretion of the court. 7. Having considered the submissions of the learned Advocates for the respective parties, the issue which falls for consideration is whether the petitioner is entitled to ‘A’ category scale of pay from the date of completion of PTT course for the session 2005-2006 i.e. June, 2006. 8. So far as the entitlement of ‘A’ category scale of pay is concerned, in case of similarly placed teachers the Hon’ble Division Bench in Sunil Tudu (supra) granted ‘A’ category scale of pay to the appellant therein. 9. The second aspect which falls for consideration is from which date the petitioner will be entitled to ‘A’ category scale of pay. 10. A Co-ordinate Bench in similar situation passed orders in (i) Khelaram Dhara -versus- The State of West 4 Bengal & ors. (WPA 4381 of 2024), (ii) Menoka Murmu –versusThe State of West Bengal & ors. (WPA 4378 of 2024), (iii) Swapan Kumar Das (supra) granting ‘A’ category scale of pay with effect from June, 2006. 11. Accordingly, in line with the aforesaid decisions, the petitioner is entitled to ‘A’ category scale of pay with effect from June, 2006. 12. The concerned authorities are directed to take necessary steps in view of the observations made hereinabove within a period of two months from the date of communication of this order. 13. With the above direction, the writ petition being WPA 17054 of 2025 stands disposed of. 14. Learned advocate for the petitioner is directed to communicate this order to the concerned respondents for necessary compliance. 15. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 16. Interim order, if any, stands vacated. 17. All connected applications, if any, stand disposed of. 18. There shall be no order as to costs. 19. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 20. 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.)