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Amita Ghosh Vs State of West Bengal and Ors. — Service and Employment | Calcutta HC (2021)

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Calcutta HC
2021
Amita Ghosh Vs State of West Bengal and Ors.Amita Ghosh v. State of West Bengal and Ors.

Disposed

Amita Ghosh v. State of West Bengal and Ors.

Calcutta HC2 Feb 2021WPA/605/2021

Case brief

AI extract

What is this about?

The High Court, in a writ application under Article 226 challenging objections to annual increments, directed the Commissioner of School Education to grant the petitioner an opportunity of hearing and to pass a reasoned order within four weeks. The Court did not examine the merits of the case.

What did the court decide?

Directed the Commissioner of School Education to grant an opportunity of hearing to the petitioner and to pass a reasoned order within four weeks.

What the court decided

AI extract

Outcome

Directed the Commissioner of School Education to grant an opportunity of hearing to the petitioner and to pass a reasoned order within four weeks.

Issue for consideration

Whether the writ petitioner is entitled to a hearing before the authority concerned regarding objections to her annual increments. +1 more

Detailed headnote1 paragraphs

On an application under Article 226 where objections were raised by the District Inspector of Schools regarding annual increments granted to the petitioner, the Court did not examine the merits. Instead, it directed the Commissioner of School Education to grant the petitioner an opportunity of hearing and to pass a reasoned order within four weeks.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

13 22.01.2021

Sc

W.P.A. 605 OF 2021

----------------------

(Through Video Conference)

Amita Ghosh

Vs.

The State of West Bengal & Ors.

Mr. Sayan De Mr. Kaustav Shome.

…. For the Petitioner.

Ms. Chaitali Bhattacharya Mr. Mrinal Kanti Ghosh.

…. For the State.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by certain objection that have been raised by the District Inspector of Schools (S.E.), Paschim Medinipur [hereinafter referred to as ‘the D.I.’] with regard to certain annual increments that the petitioner has received.

According to the D.I. the annual increments should not have been granted to the petitioner based on certain Government Orders.

In my view, this matter has to be sorted out properly by the authority concerned. In light of the same, I direct the Commissioner School Education (hereinafter referred to as ‘the Commissioner’) to grant an opportunity of hearing to the petitioner and thereafter pass a reasoned

2

order within a period of four weeks from the date of communication of this order upon the Commissioner.

The petitioner shall be at liberty to place all the relevant Government Orders before the Commissioner.

With the above direction the writ petition is disposed of. There will be no order as to costs.

I make it clear that I have not gone into the merits of this case.

Since no affidavit-in-opposition is called for, the allegations made in the writ petition are deemed not to have been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the writ petitioner is entitled to a hearing before the authority concerned regarding objections to her annual increments.
2.
Whether the Commissioner of School Education should be directed to grant an opportunity of hearing to the petitioner.

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226

Parties & counsel

AI extract

petitioner
Amita Ghosh
respondent
The State of West Bengal

Coram

AI extract

Shekhar B. Saraf

Case details

As recorded by the court registry

Court: Calcutta HC
Decided on: 2 Feb 2021 · February
Registered: 7 Jan 2021
Case no.: WPA/605/2021
CNR: WBCHCA0010322021
Topic: Service and Employment
Bench: Shekhar B. Saraf
Disposal: DISPOSED

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Cite this judgement

Amita Ghosh v. State of West Bengal and Ors., WPA/605/2021 (CAL), decided on 2 February 2021.

The Calcutta High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Bench / Coram

Shekhar B. Saraf

Parties & counsel