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Calcutta High CourtWPA/19635/2025disposed

Mahammadullah v. State Of West Bengal And ORS.

2026-01-07Hon'Ble Justice Bivas Pattanayak3 pages

07.01.2026 Item No. 22 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA ss CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19635 of 2025 Mahammadullah vs.

State of West Bengal & ors.

Mr. Sakti Pada Jana Mr. Subhajyoti Das Mrs. Sudipta Pramanik ... for the petitioner Mr. Saibal Acharya Mr. Sankar Halder ... 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. 6, the District Inspector of Schools (S.E.), Murshidabad to refix the basic pay of the petitioner who is discharging function as Headmaster in Kanksa Rahimia High Madrasah (H.S.), Murshidabad upon granting him 3% additional increment in terms of the Government Order No. 298MD 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 Kanksa Rahimia High Madrasah (H.S.), Murshidabad which has been upgraded as a Higher Secondary High

Madrasah on 7th August, 2010. The petitioner has taken charge as the Headmaster in the said High Madrasah on 14th July, 2011. 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. 6, the District Inspector of Schools (S.E.), Murshidabad in this regard for his due consideration in accordance with law. 5.

Mr. Saibal Acharya, 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. 6, the District Inspector of Schools (S.E.), Murshidabad within a period of two weeks from date. Upon receipt of the same, respondent no. 6, 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. 7, the Managing Committee of Kanksa Rahimia 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. 6, the District Inspector of Schools (S.E.), Murshidabad, for necessary compliance.

8.

With the above directions, the writ petition being WPA 19635 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.)