Court No. 14 Rezaul Saikh & Ors vs The State Of West Bengal & Ors
2024 Latest Caselaw 4848 Cal

Calcutta High Court (Appellete Side)

Court No. 14 Rezaul Saikh & Ors vs The State Of West Bengal & Ors on 19 September, 2024

Author: Amrita Sinha

Bench: Amrita Sinha

                IN THE HIGH COURT AT CALCUTTA
               CONSTITUTIONAL WRIT JURISDICTION
                        APPELLATE SIDE
 19.W
    09. 2024

       BP                       WPA 22526 of 2024
      SL. 22
Court No. 14                    Rezaul Saikh & Ors.
                                      Vs.
                           The State of West Bengal & Ors.

                          Mr. Soumya Majumder
                          Mr. Anindya Bose
                          Mr. Santanu Maji
                          Mr. Subhayu Das
                                        ..for the petitioners

                          Mr. Supriya Chattopadhyay
                          Ms. Sayantanee Bhattacharya
                                             ... For the State.

                          Md. Sarwar Jahan
                          Mr. Nayeemul Hoque
                                 ... for the DPSC, Murshidabad.

                          Mr. Ratul Biswas.
                          Mr. Kaushik Chowdhury.
                                       ..for the WBBPE.



                     The receipt showing deposit of deficit court fees and

               the affidavit of service filed in Court is retained with the

               records.

                     The petitioners are primary school teachers in the

               district of Murshidabad. They possess B.Ed. qualification.

               They seek 'A' category scale of pay.

                     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
                      2




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.

      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.

      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.

      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.
                              3




             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.

             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.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied

for, be supplied to the parties expeditiously on

compliance of usual legal formalities.

(Amrita Sinha, J. )

Rul