Calcutta High Court (Appellete Side)
Sampriti Singha Roy & Ors vs The State Of West Bengal & Ors on 8 October, 2024
Author: Amrita Sinha
Bench: Amrita Sinha
08.10.2024
Ct. No. 14
Sl. No.7
KB
In The High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A. No. 23604 of 2022
Sampriti Singha Roy & Ors.
-versus-
The State of West Bengal & Ors.
Mr. Bikram Banerjee
Mr. Sudipta Dasgupta
Mr. Arka Nandi
... For the petitioners.
Mr. Arindam Chattopadhyay
... For State.
1. Learned advocate for the petitioners is
directed to deposit the deficit court fees in course of the
day.
2. The petitioners are primary school teachers
in the district of Bankura. They possess B.Ed.
qualification. They seek 'A' category scale of pay.
3. Reliance has been placed on the judgment
passed by the Hon'ble Division Bench on 30th July,
2024 in MAT 1038 of 2024 with CAN 1 of 2024, CAN 2
of 2024 and CAN 3 of 2024 in the matter of Waliur
Rahaman and others Vs. The State of West Bengal and
others. The petitioners stress that they are similarly
situated as that of the appellants in the aforesaid
appeal and the order passed by the Hon'ble Division
Bench ought to be made applicable in their case.
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4. The Hon'ble Division Bench observed that
there are several candidates who were getting 'A'
category scale of pay despite not having undergone the
six months' bridge course. In fact the petitioners have
also not undergone bridge course as the said course is
yet to be formulated by NCTE.
5. The Hon'ble Division Bench directed that the
candidates should be provided 'A' category scale of pay
in the same manner as provided to the other teachers.
The Court directed the authority to take an
independent decision in granting the said scale of pay
from the date on which each of the appellants are
entitled to.
6. In line with the judgment passed by the
Hon'ble Division Bench, the Commissioner of School
Education is directed to take a decision with regard to
the prayer of the petitioners for granting 'A' category
scale of pay in the light of the judgment delivered in the
matter of Waliur Rahaman (supra). A decision shall be
taken in the matter at the earliest but positively within
twelve weeks from the date of communication of this
order.
7. If the petitioners are found entitled to receive
the 'A' category scale of pay, then necessary
consequential steps shall be taken in the matter
immediately thereafter.
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8. Learned advocate representing the
petitioners is directed to forward the documents of the
petitioners relying on which 'A' category scale of pay
has been sought for along with a copy of the judgment
passed in the matter of Waliur Rahaman (supra) to the
aforesaid respondent at the time of communicating the
order of the Court.
9. Affidavit in opposition filed on behalf of the
State respondents is taken on record.
10. The writ petition stands disposed of.
11. Urgent photostat certified copy of this order
be supplied to the parties, if applied for, as early as
possible.
(Amrita Sinha, J.)
