02. 01.08.2025 Court No.236.

(Pritam)

WPA 27502 of 2024 Abhoypada Chaudhuri.

-Vs.-

The State of West Bengal & Ors.

Mr. Sourav Mitra.

Ms. Sreyasree Choudhury.

...for the petitioner.

Mr. Ranjan Saha Ms. Ranu Chowdhury, Mr. K.K. Bhattacharya.

.....for the State.

1. 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 retired on December 31, 2019.

2. 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 passed by a Coordinate Bench on a writ petition being WPA 6217 of 2021 (Subir Kumar Ghosh Vs. The State of West Bengal & Ors.)

3. State respondents are represented by learned advocate.

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

5. 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 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 3rd December, 2024 and the ratio of Subir Kumar Ghosh (supra) as decided by the Coordinate

6. Writ petition stands disposed of, without any order as to costs.

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

(Smita Das De, J.)