CALCUTTA HIGH COURT
MD. KORBAN ALI – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent
WPA 19610 / 2025
07.01.2026 Item No. 21
Ct. No. 14 IN THE HIGH COURT AT CALCUTTA
ss CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 19610 of 2025
Md. Korban Ali
vs.
State of West Bengal & ors.
Mr. Sakti Pada Jana
Mr. Subhajyoti Das
Mrs. Sudipta Pramanik
… for the petitioner
Mr. Debottam Das
… for the State
1. Affidavit of service filed on behalf of the petitioner is
taken on record.
2. By the present writ petition, the petitioner seeks for
direction upon respondent no. 5, the District Inspector of Schools (S.E.), Murshidabad to refix the basic pay of the petitioner who is discharging function as Headmaster in a Higher Secondary Madrasah namely, B.S.M.M. High Madrasah (H.S.), Murshidabad upon granting him 3% additional increment in terms of the Government Order No. 298-MD dated 27th February, 2009 and subsequent Government Order No. 740- MD/O/1E-7/09 dated 20th May, 2009 and the Government Order No. 960-MD dated 16th June, 2010.
3. The petitioner contends that he is the Headmaster of
B.S.M.M. High Madrasah (H.S.), Murshidabad which has been upgraded as a Higher Secondary High Madrasah on 6th July, 2005. The petitioner has taken
charge as the Headmaster in the said High Madrasah on 24th February, 2020. In terms of the Government Order No. 960-MD dated 16th June, 2010, the petitioner is entitled to get one additional increment i.e. 3% of his basic pay and Grade pay of Rs. 200/-. Since the petitioner has not been granted the said benefit, hence this writ petition.
4. Mr. Sakti Pada Jana, learned advocate appearing for the petitioner submits that in terms of the Government Order, the petitioner being the Headmaster is entitled to an increment of 3% of his basic pay. He seeks liberty to submit a comprehensive representation before respondent no. 5, the District Inspector of Schools (S.E.), Murshidabad in this regard for his due consideration in accordance with law.
5. Mr. Debottam Das, learned advocate representing the State leaves the matter to the discretion of the Court.
6. In view of the above submission, the petitioner is granted liberty to file a comprehensive representation before respondent no. 5, the District Inspector of Schools (S.E.), Murshidabad within a period of two weeks from date. Upon receipt of the same, respondent no. 5, the District Inspector of Schools (S.E.), Murshidabad shall consider and dispose of the same within a period of six weeks in accordance with law upon giving notice to the petitioner as well as to respondent no. 6, the Managing Committee of B.S.M.M. High Madrasah (H.S.). In the event, the petitioner is found to be entitled, then necessary consequential steps be taken accordingly.
7. Learned advocate for the petitioner is directed to communicate this order to respondent no. 5, the District Inspector of Schools (S.E.), Murshidabad, for necessary compliance.
8. With the above directions, the writ petition being WPA
19610 of 2025 stands disposed of.
9. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.
10. Consequently, connected applications, if any, also stand disposed of.
11. Interim orders, if any, stand vacated.
12. There will be no order as to costs.
13. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Bivas Pattanayak, J.)
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