Md. Sahadullah vs The State Of West Bengal & Ors
2022 Latest Caselaw 71 Cal

Item No.45


                     In The High Court At Calcutta
                         Constitutional Writ Jurisdiction
                              (via video conference)
13.01.2022
  Ct-24
                                WPA 20319 of 2021
                                  Md. Sahadullah
                                         v.
                          The State of West Bengal & Ors.


                   Mr. Khandekar Moazzem Hossain
                                ... for the petitioner.

                   Mr. Pinaki Dhole
                   Mr. Avishek Prosad
                               ... for the State respondents.

The petitioner is a primary school teacher. He

seeks 'A' category scale of pay. He was initially granted

'A' category scale of pay but thereafter the same stood

withdrawn.

The Sub-Inspector of Schools, Ratua New Circle,

Malda by a communication dated November 8, 2021

sought a clarification from the Secretary, District

Primary School Council, Malda as to whether the

petitioner will be entitled to receive pay in accordance

with category 'A'. There is no response from the District

Primary School Council, Malda till date.

The petitioner has relied upon a judgment

delivered by this Court in WP 3217(W) of 2017 and

claims that relying upon the said judgment he is entitled

to get benefit of 'A' category scale of pay. The judgment is

however not annexed to the writ petition.

Be that as it may, as it appears that the

clarification sought for by the Sub-Inspector of Schools,

Ratua New Circle, Malda is pending consideration at the

end of the Secretary, District Primary School Council,

Malda, accordingly, the instant writ petition is disposed

of by directing the Secretary, District Primary School

Council, Malda to clarify as to whether the petitioner will

be entitled to receive the 'A' category scale of pay.

The Secretary, District Primary School Council,

Malda shall take steps to decide as to whether the

petitioner will be entitled to 'A' category scale of pay

strictly in accordance with law and in the light of the

judgment referred to by the petitioner mentioned

hereinabove at the earliest, but positively within a period

of eight weeks from the date of communication of a copy

of this order.

The petitioner is directed to forward copies of the

supporting documents for receiving 'A' category scale of

pay to the aforesaid respondent at the time of

communicating the order of the Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh                                          (Amrita Sinha, J.)