Somali Santra v. The State Of West Bengal And ORS.

D/L9 04.07.2025 Rohit ct.no.18 WPA 13225 of 2025 Somali Santra

Versus

The State of West Bengal & Ors.

Mr. Kanailal Santra ...for the petitioner Mr. Md. Ahsanuz Zaman Mr. Md. Syed N. Hossain ...for the State

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Petitioner by presenting this writ petition, inter alia, has prayed for sanction of 3% additional increment for manning the post of Headmistress in Higher Secondary school.

3. 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.- VsSri 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.).

4. State respondents are represented by learned Advocate.

5. 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.

6.

It appears that petitioner has made a representation dated 21st April, 2025 addressed to the Commissioner of School Education, West Bengal being respondent no. 2 seeking sanction of 3% additional increment.

7. 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 her representative. The decision to be taken by respondent no. 2 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 Bench vide judgment dated 15th January, 2024.

8. Learned Advocate for the petitioner is directed to communicate this order along with a copy of representation dated 21st April, 2025 to respondent no. 2 by fortnight from date.

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

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

(Saugata Bhattacharyya, J.)