30.04.2024
Court No.13
Item No.29
pk
WPA 6629 of 2022
Ardhendu Sinha Chaudhury
Vs.
The State of West Bengal and Ors.
Mr. S. N. Biswas
... For the Petitioner.
Ms. Sarwar Jahan,
Sk. Nayeemul Haque
... For the respondent no. 4.
Mr. Sanghamitra Nandy,
Mr. Bhaskar Chakraborty
… For the State.
1. Evidence of payment of Court Fees has been
produced in Court, which is taken on record.
2. The petitioner is aggrieved by an order dated
26.12.2023 passed by the Chairperson, Hooghly District
Primary School Council. By the said order the
petitioners’ names were removed from the panel of the
head teachers. Admittedly, the petitioners joined the
school as Assistant Teachers in the year 2000. The
petitioners completed one year Teachers’ Training
Course after 31.12.2005.
3. In terms of the Notification of the State, Teachers’
Training Qualification of one year constitutes a sufficient
compliance of the training requirement for a teacher. By
order dated 08.02.2024, WPA 13196 of 2019 (Avijit
Chowdhury and another Vs. The State of West Bengal
and others) following a decision dated 11.02.2021
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passed by the Division Bench of this Court in MAT 714
of 2020 (DPSC and another Vs. Bhriguram Karmakar
and others) has upheld the entitlement of “A” category
pay scale to all teachers who have completed PTT
Training post 2005 in one year duration course. It was
further held that such persons are equally entitled to be
on the panel for the post of head teachers.
4. The petitioner has retired from service on 31st
May, 2021.
5. In view of the above and prayer “a” made in the
writ petition, “A” category pay scale to the petitioner
shall be restored with effect from 14th July, 2011.
6. Fresh pension payment order shall be issued to
the petitioner applying “A” category pay scale with effect
from 14th July, 2011 till the date of superannuation.
7. The impugned order dated 12th March, 2022
passed by the Chairman, DPSC, Murshidabad shall
stand quashed and set aside.
8. Let all arrears of pension as per revised pension
payment order be paid to the petitioner from the next
the date of superannuation till date within two months
from date.
9. The writ petition is disposed of.
10. There will be no order as to costs.
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11. All parties are directed to act on a server copy of
this order duly downloaded from the official website of
this Court.
(Rajasekhar Mantha, J.)