Shalini Bhattacharyya Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Shalini Bhattacharyya Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive sanction granted by this order. Writ petition disposed of without any order as to costs, with directions to respondent no. 3 (Commissioner of School Education, West Bengal) to consider and decide the petitioner's representation dated 13th March, 2025 within twelve weeks after granting opportunity of hearing, to communicate the decision within ten days thereafter, following the ratios of Sri Kali Sadhan Bhattacharjee (MAT 1002 of 2022) and Subir Kumar Ghosh (WPA 6217 of 2021); petitioner's advocate to communicate the order and representation within seven days.

Issue for consideration

Whether the petitioner is entitled to sanction of 3% additional increment for manning the post of Headmistress in a Higher Secondary school.

Court's answer

Respondent no. 3 (Commissioner of School Education, West Bengal) is directed to consider and decide the petitioner's representation dated 13th March, 2025 within twelve weeks from date of communication of this order, after granting an opportunity of hearing to the petitioner or her representative.

Ratio / Principle

The decision taken by respondent no. 3 shall be communicated to the petitioner within ten days thereafter.

Key takeaways

In taking such decision, the Commissioner of School Education shall follow the ratio of Sri Kali Sadhan Bhattacharjee (Division Bench judgment dated 3rd December, 2024 in MAT 1002 of 2022) and the ratio of Subir Kumar Ghosh (Coordinate Bench judgment dated 15th January, 2024 in WPA 6217 of 2021).ratio¶14
Learned advocate for the petitioner is directed to communicate this order, along with a copy of the representation dated 13th March, 2025, to respondent no. 3 within seven days from date.ratio¶14

Detailed headnote1 paragraphs

Writ Petition (WPA 11241 of 2025), Shalini Bhattacharyya v. The State of West Bengal & Ors., decided 20.06.2025 by Saugata Bhattacharyya, J. — Petitioner sought sanction of 3% additional increment for manning the post of Headmistress in a Higher Secondary school, relying on the Division Bench judgment dated 3rd December, 2024 in MAT 1002 of 2022 (The State of West Bengal & Anr. v. Sri Kali Sadhan Bhattacharjee @ Bhattacharyya & Ors.) and the Coordinate Bench judgment dated 15th January, 2024 in WPA 6217 of 2021 (Subir Kumar Ghosh v. The State of West Bengal & Ors.). Finding no useful purpose in keeping the petition pending, the Court disposed of it without costs, directing respondent no. 3, the Commissioner of School Education, West Bengal, to consider and decide the petitioner's representation dated 13th March, 2025 within twelve weeks of communication of the order after granting an opportunity of hearing to the petitioner or her representative, to communicate the decision within ten days thereafter, and, while deciding, to follow the ratios of both cited judgments. Petitioner's advocate directed to communicate the order with the representation to respondent no. 3 within seven days.

20.06.2025 Court No. 18 Item No. 08

( suvendu )

WPA 11241 of 2025

Shalini Bhattacharyya

-Versus-

The State of West Bengal & Ors.

Mr. Sakti Pada Jana Mr. Subhajyoti Das Ms. Sudipta Pramanik …..for the petitioner Mr. Avirup Mondal Mr. Satyajit Mahata …for the State

Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner by presenting this writ petition, inter alia , has prayed for sanction of 3% additional increment for manning the post of Headmistress in Higher Secondary school.

Learned advocate representing the petitioner has relied upon the judgment of the Hon’ble Division Bench passed on an intra-court appeal being MAT 1002 of 2022 ( The State of West Bengal & Anr. Vs. Sri Kali Sadhan Bhattacharjee @ Bhattacharyya & Ors. ). He also relied upon a judgment dated 15^th January, 2024 passed by a Coordinate Bench on a writ petition being WPA 6217 of 2021 ( Subir Kumar Ghosh Vs. The State of West Bengal & Ors. ).

State respondents are represented by learned advocate.

Having considered the issue involved in this writ petition, this Court finds that no useful purpose would be subserved in keeping this writ petition pending.

2

It appears that petitioner has made a representation dated 13^th March, 2025 addressed to the Commissioner of School Education, West Bengal being respondent no. 3 seeking sanction of 3% additional increment. Respondent no. 3 is directed to consider and decide the representation of the petitioner by twelve weeks from date of communication of this order after granting opportunity of hearing to the petitioner or her representative. The decision to be taken by respondent no. 3 shall be communicated to the petitioner by ten days thereafter. While taking such decision, the Commissioner of School Education shall follow the ratio of Sri Kali Sadhan Bhattacharjee (supra) as decided by the Hon’ble Division Bench vide judgment dated 3^rd December, 2024 and the ratio of Subir Kumar Ghosh (supra) as decided by the Coordinate Bench vide judgment dated 15^th January, 2024. Learned advocate for the petitioner is directed to communicate this order along with a copy of representation dated 13^th March, 2025 to respondent no. 3 by seven days from date. Writ petition stands disposed of, without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)