Calcutta High Court

WPA/15808/2026 of NIRMAL GAYEN Vs STATE OF WEST BENGAL AND ORS. on 6 October 2026

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Ct. No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15808 of 2026 Nirmal Gayen -vs- The State of West Bengal & Ors. Mr. Sk. Sahjahan Ali … For the petitioner Ms. Rashmi Bothra (vc) Mr. Soumen Kumar Roy … For the State 1.

06.10.2026

Ct. No.24

pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

WPA 15808 of 2026

Nirmal Gayen

-vs-

The State of West Bengal & Ors.

Mr. Sk. Sahjahan Ali

… For the petitioner

Ms. Rashmi Bothra (vc)

Mr. Soumen Kumar Roy

… For the State

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1. Affidavit of service filed in Court today is taken on record.

2. The petitioner prays for higher scale of pay on enhancement of his educational qualification.

3. The petitioner, in support of his entitlement for higher scale of pay, relies on the judgment delivered by the Special Bench of this Court on February 7, 2024 in the matter of Utpal Kanti Karan & Ors. –vs- State of West Bengal & Ors. reported in 2024 SCC Online 1274.

4. The petitioner submits that his case is covered by the ratio laid down in the aforesaid judgment.

5. As it appears that the prayer of the petitioner seeking higher scale of pay was forwarded by the school and is pending consideration at the end of the Additional District Inspector of Schools (SE), Basirhat Sub-Division, North 24-Parganas, hence without entering into the merits of the claim of the petitioner, the instant writ petition is disposed of by directing the concerned Additional District Inspector of Schools to consider and dispose of the petitioner’s application in accordance with law and in line with the law laid down by the Court in the above-mentioned judgment, after giving reasonable opportunity of hearing to the petitioner at the earliest but positively within twelve weeks from the date of communication of this order.

6. If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken.

7. Learned counsel for the petitioner shall forward a copy of the representation dated 23rd February, 2022 along with all supporting documents to the Additional District Inspector of Schools at the time of communicating this order.

8. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

9. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.

(Amrita Sinha, J.)

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