Manisha Pramanik v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE rkd 20.08.2025 Ct.18 DO W.P.A. 15823 of 2025 Manisha Pramanik -vsThe State of West Bengal & Ors.

Mr. Sakti Pada Jana, Mr. Subhajyoti Das ....for the petitioner.

Mr. Amitabrata Roy, Mr. Biswabrata Basu Mallick, Mr. Alok Banerjee ....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. 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.).

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.

Leave is granted to the petitioner to make a representation to the Commissioner of School Education, 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, shall decide the claim of the petitioner for sanction of 3% additional increment for manning the post of Headmistress in a Government aided Higher Secondary school and a reasoned order shall be passed after granting opportunity of hearing to the petitioner or her representative by twelve weeks from the date of receipt of such representation. The decision to be taken by the Commissioner of School Education 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) and ratio of Subir Kumar Ghosh (supra).

7.

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

8.

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

(Saugata Bhattacharyya, J.)