WPA/4365/2026 of DHANANJAY SARKAR Vs STATE OF WEST BENGAL AND ORS. on 12 August 2026

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

2. The petitioner seeks graduate scale of pay for serving as Work Education teacher in a school.

3. It appears that the prayer for grant of higher scale of pay in favour of the petitioner was forwarded by the Headmaster of the school to the Additional District Inspector of Schools (Secondary Education), Howrah in May, 2013. The Additional District Inspector of Schools responded in August 2013 requesting the Headmaster to forward certain papers of the petitioner for consideration of the prayer which the school forwarded in November, 2013. Thereafter, there is no response.

4. The petitioner prays for a direction upon the Additional District Inspector of Schools (Secondary Education), Howrah to consider his prayer for grant of higher scale of pay.

5. It appears that a considerable period of time has elapsed after the communication was earlier made by the school and the Additional District Inspector of Schools in 2013.

6. Learned advocate for the petitioner submits that he would be covered by the decision passed by this Court on 9th December, 2015 in WPA 8722 (W) of 2012 (Keshab Ankureh v. the State of West Bengal & Ors.). The appeal preferred by the State challenging the judgment dated 9th December, 2015 stood dismissed by the Hon’ble Division Bench on 23rd March, 2017 in MAT 1846 of 2016 with CAN 11964 of 2016 and CAN 11965 of 2016 (The State of West Bengal & Ors. v. Keshab Ankureh & Ors.).

7. As it appears that the matter did not proceed any further after the communication made in the year 2013, accordingly, the Court is of the opinion that the petitioner ought to make a fresh representation annexing all documents and serve the same upon the District Inspector of Schools (Secondary Education), Howrah.

8. The petitioner is directed to make a fresh representation disclosing all facts and annexing all documents in support of his prayer. On receipt of the representation along with all supporting documents and the judicial precedents relied upon by the petitioner, the District Inspector of Schools (Secondary Education), Howrah shall take a decision on the petitioner’s prayer strictly in accordance with law and in line with the law laid down by the Court in the matter of Keshab Ankureh (supra) at the earliest but positively within a period of ninety days from the date of submission of the representation.

9. If required, the authority may grant an opportunity of hearing to the petitioner or his authorized representative for production of all documents in support of the claim.

10. A final order shall be passed and communicated to the petitioner immediately thereafter.

11. If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken by the authority without any further delay.

12. The writ petition stands disposed of.

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

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

(Amrita Sinha, J.)