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

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

What the court decided

AI extract

Outcome

Liberty to the petitioner to make a representation to the Commissioner of School Education, Government of West Bengal within three weeks claiming 3% additional increment; the Commissioner to decide the claim by reasoned order after hearing within twelve weeks and communicate the decision by a fortnight thereafter, following the ratio of Sri Kali Sadhan Bhattacharjee and Subir Kumar Ghosh; writ petition disposed of without any order as to costs.

Issue for consideration

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

Court's answer

The Court found no useful purpose would be subserved in keeping the writ petition pending, and instead granted the petitioner leave to pursue his claim for 3% additional increment by making a representation to the Commissioner of School Education within three weeks.

Ratio / Principle

The Commissioner of School Education, Government of West Bengal is directed to decide the petitioner's claim for sanction of 3% additional increment for manning the post of Headmaster in a Government aided Higher Secondary school by a reasoned order after granting opportunity of hearing, within twelve weeks of receipt of the representation, and communicate the decision by a fortnight thereafter; while deciding, he shall follow the ratio of Sri Kali Sadhan Bhattacharjee (Division Bench, judgment dated 3rd December, 2024) and Subir Kumar Ghosh (Coordinate Bench, judgment dated 15th January, 2024).

Detailed headnote1 paragraphs

Writ Petition (W.P.A. 11801 of 2025) by a retired Headmaster seeking sanction of 3% additional increment for manning the post of Headmaster in a Higher Secondary school. The Court, finding no useful purpose in keeping the petition pending, disposed of the writ petition by permitting the petitioner to make a representation to the Commissioner of School Education, Government of West Bengal within three weeks. The Commissioner was directed to decide the claim by a reasoned order after affording opportunity of hearing, within twelve weeks of receipt of the representation, and to communicate the decision by a fortnight thereafter, while following the ratio of the Division Bench judgment in MAT 1002 of 2022 (Sri Kali Sadhan Bhattacharjee, dated 3rd December, 2024) and the Coordinate Bench judgment in WPA 6217 of 2021 (Subir Kumar Ghosh, dated 15th January, 2024). No order as to costs.

13 23.06.2025 rkd Ct.18

W.P.A. 11801 of 2025

Balai Mandal

-vs-

The State of West Bengal & Ors.

Mr. Sakti Pada Jana, Mr. Subhajyoti Das, Ms. Sudipta Pramanik

….for the petitioner.

Mr. Tousef Ahmed Khan, Ms. M. Chakraborty

….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 Headmaster in Higher Secondary school. Petitioner has retired.

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

2

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.

Leave is granted to the petitioner to make a representation to the Commissioner of School Education, Government of West Bengal by three weeks from date claiming 3% additional increment. If such representation is made within the aforesaid time, the Commissioner of School Education, Government of West Bengal shall decide the claim of the petitioner for sanction of 3% additional increment for manning the post of Headmaster in a Government aided Higher Secondary school and a reasoned order shall be passed after granting opportunity of hearing to the petitioner or his representative by twelve weeks from the date of receipt of such application. The decision to be taken by the Commissioner of School Education shall be communicated to the petitioner by fortnight 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.

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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.)