Abhijit Gangopadhyay,J. - (1.) This writ application centres around a letter of the Government of West Bengal School Education Department (Elementary Education Branch) bearing No. 209-SE(EE)/PTTI-7/2011 dated 04.03.2013 (hereinafter referred to as the said letter). This letter speaks about some terms and conditions on fulfilment of which "A" category scale of pay may be given to the Primary School Teachers.
(2.) This letter was written by the Joint Secretary School Education Department of West Bengal to the Chairman, District Primary School Council, Purba Medinpur. The body of the letter is required to be reproduced: "In inviting a reference to your letter vide No 1926/ES dt. 09.01.2013 and without prejudice to earlier orders of this Department in this regard I am directed to say that in terms of order of the National Council for Teacher Education vide No 62-5/2008/NCTE/N & S (Pt)/A53953 dt. 04.07.2012 and subsequent clarifications issued by this Deptt. vide No. 389(38)-SE(EE)/PTTI-7/2011 dt. 13.08.2012 and 801(38)-SE(EE)/PTTI-7/2011dt. 02.11.2012 the following categories of Primary School Teachers shall be treated as trained teachers and they may be allowed "A" category scale of pay:- i) Teachers who have completed 2 years Diploma in Elementary Education (D. El. Ed) from NCTE recognised institutions before/after their entry in service: Provided in-service teachers will be allowed "A" category scale of pay from the date of attainment of such qualification of D.El.Ed. However persons already possessing D.El.Ed qualification before their entry as a Pry. School Teacher, may be allowed "A" category scale of pay at the time of their joining the post. ii) Teachers completed one year Diploma in Primary Teacher Training Course and appointed after 31.12.2005 and subsequently covered one year Bridge Course through NCTE recognised Institution: Provided such category of teachers may be allowed "A" category scale of pay from the date of their joining the post or the date of attainment of the qualification whichever is later. iii) Teachers who have attained 1 yr./2 yrs. Diploma in Elementary Education from State recognised institutions and appointed as teacher on or before 31.12.2005 shall be treated as "trained teacher": iv) Teachers who have attained degree/diploma viz. D.Ed (Special Education) or B.Ed. (Special Education) from RCI recognised institution and subsequently covered a 6 months' course in elementary education from NCTE recognised institution. v) Teachers who possessed B. Ed degree and appointed before 01.01.2012 and subsequently completed 6 months' course from NCTE recognised institution in elementary education. vi) Teachers appointed prior to 01.07.1996 and also obtained B.ED/ B.T./ PGBT degree/ diploma prior to 01.07.1996 may be allowed "A" category scale of pay. The above guidelines may be followed in disposal of matters related to granting of "A" category scale of pay to Primary School Teachers".
(3.) In the writ application the petitioners have prayed for "A" category scale of pay from the date of their appointment in the year 2010 instead of the year 2014 from when they have been given the "A" category scale of pay. They have also prayed for arrear of pay along with interest @ 12% per annum forthwith. ;