Amitesh Chowdhury v. The State Of West Bengal And ORS.

D/L20 03.07.2025 Rohit ct.no.18 WPA 13189 of 2025 Amitesh Chowdhury

Versus

The State of West Bengal & Ors.

Md. Kanai lal Samanta ...for the petitioner Mr. Pinaki Dhole Mr. Avishek Prasad ...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.

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 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.

It appears that petitioner has made a representation dated 28th April, 2025 addressed to the Commissioner of School Education, West Bengal being respondent no. 2 seeking sanction of 3% additional increment.

Respondent no. 2 is directed to consider and decide the representation of the petitioner by sixteen weeks from date of communication of this order after granting opportunity of hearing to the petitioner or his representative. The decision to be taken by respondent no. 2 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 Coordinate Bench vide judgment dated 15th January, 2024.

Learned Advocate for the petitioner is directed to communicate this order along with a copy of representation dated 28th April, 2025 to respondent no. 2 by ten 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 supplied to the parties upon compliance with all requisite formalities.

(Saugata Bhattacharyya, J.)