30.09.2024
Court No. 2
Sl. No.52
KB
Calcutta High Court
In the Circuit Bench at Jalpaiguri
Appellate Jurisdiction
W.P.A 2162 of 2024
Bhanu Chhetri
-versus
The State of West Bengal & Ors.
Mr. Shahairayar Alam,
Mr. Debanjan Das.
… For the petitioner.
Mr. Hirak Barman,
Mr. Sumit Kumar.
the State.
… For
1. Affidavit-of-service filed in Court today is
taken on record.
2. The petitioner is a retired primary school
teacher. He seeks been
‘A’ category scale of pay. It has
submitted that the effect of ‘A’ category scale of pay has
been given from a later date but not from the next date
of completion of the examination of the training course.
3. Learned advocate representing the
respondent relies upon the notification dated 4th March,
2013 by the Joint Secretary, School Education
Department, (Elementary Education Branch) relating to
grant of ‘A’ category scale of pay to primary school
teacher.
4. It mentions that teacher who has completed
two years diploma in elementary education from NCTE
recognized institution before/after his entry in service
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shall be treated as trained teacher and may be allowed
‘A’ category scale of pay.
5. It has been submitted that the same implies
that only on completion of the course, the benefit can
be extended to the teacher. According to the
respondent, conclusion of the course would be only
upon declaration of the result and not prior thereto.
6. The proviso to the first clause of the
aforesaid notification has been pressed. It has been
submitted that the scale of pay will be allowed only
from the date of attainment of the qualification of
D.El.Ed. The petitioner attained the D.El.Ed
qualification in the year 2022 upon declaration of the
result and, accordingly, the prayer of the petitioner for
grant of
‘A’ category of scale of pay on and from the
next date of conclusion of the examination of the course
ought not to be allowed.
7. I have heard the submissions made on
behalf of the parties.
8. The issue as to whether the teacher would
be entitled to receive ‘A’ category of scale of pay on and
from the date of declaration of the result or on and from
the next date of conclusion of the examination of
D.El.Ed course has been conclusively decided by this
Court in several matters.
9. The Court has considered the subject
notification dated 04.03.2013 placed before this Court
and has opined that ‘A’ category scale of pay shall be
payable on and from the next date of conclusion of the
examination of the D.El.Ed course and not from the
date of declaration of the result. This Bench has not
been made aware of any order that has been passed in
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appeal or otherwise setting aside/varying or modifying
the said order.
10. There is no reason as to why a candidate
should be deprived of the benefit of receiving the higher
scale of pay on account of the delay on the part of the
examination conducting authority to declare the result.
As the candidate successfully completed the course and
sat in the examination, accordingly, the benefit ought to
be awarded on and from the next of completion of the
examination.
11. In view of the above, the contention of the
respondents cannot be accepted by the Court.
12. The concerned D.I of schools is directed to
treat the petitioner as trained candidate on and from
le of
17.03.2019 and take steps to pay ‘A’ category sca
pay on and from the said date.
13. Steps shall be taken in the matter at the
earliest but positively within a period of twelve weeks
from the date of communication of this order.
14. The writ petition stands disposed of.
15. Urgent photostat certified copy of this order
be supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)