Priyabrata Acharya v. State Of West Bengal And ORS.

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(DL) (DL) 21.05.2025 21.05.2025 Ct. No. 18 (ARPAN) W.P.A. 9039 OF 2025 Priyabrata Acharya Vs.

The State of West Bengal & Others Mr. Kaustav Chandra Das, Adv.

Mr. Sk. Sahjahan Ali, Adv.

Mr. Jyotishman Sarkar, Adv.

...for the Petitioner Mr. Jaharlal De, AGP Mr. Shamim Ul Bari, Adv.

...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.

The 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 15th January, 2024 passed by a Co-ordinate 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 advocates.

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. Leave is granted to the petitioner to make a representation to the Commissioner of School Education, Government of West Bengal by three (3) 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 (12) 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 (10) 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 Co-ordinate Bench vide judgment dated 15th January, 2024.

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

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)