Pradip Kumar Pattanayak And ORS. v. State Of West Bengal And ORS.

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(DL) (DL) 22.09.2025 22.09.2025 Ct. No. 18 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 20013 OF 2025 PRADIP KUMAR PATTANAYAK & OTHERS VS.

THE STATE OF WEST BENGAL & OTHERS Mr. Monoranjan Das, Adv.

Ms. Anita Shaw, Adv.

...for the Petitioners Mr. Arindam Chattopadhyay, Adv.

Ms. Lipika Chatterjee, Adv.

...for the State 1.

Affidavit-of-service filed on behalf of the petitioners is taken on record.

2.

Petitioners pray for sanction of three per cent additional increment for manning the post of Headmasters in upgraded Higher Secondary schools. But petitioners ought not to have joined in one writ petition as they are holding post of Headmasters in different schools and their period of service are also different. Petitioners having separate causes of action are required to prefer separate writ petitions. 3.

Hence, present writ petition is entertained in respect of petitioner no.1 (hereinafter referred to as 'petitioner') and in respect of petitioner nos.2 to 7 present writ petition stands dismissed.

4.

However, this order shall not preclude petitioner nos.2 to 7 to file separate writ petitions claiming similar benefits.

5.

Petitioner by presenting this writ petition, inter alia, has prayed for sanction of three per cent additional increment for manning the post of Headmaster in Higher Secondary school.

6.

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.).

7.

State respondents are represented by learned advocates.

8.

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.

9.

Leave is granted to the petitioner to make a representation to the Commissioner of School Education being respondent no.2 by four (4) weeks from date claiming three per cent additional increment. If such representation is made within the aforesaid time, the respondent no.2 shall decide the claim of the petitioner for sanction of three per cent 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 representation. The decision to be taken by the respondent no.2 shall be communicated to the petitioner by fortnight thereafter. While taking such decision, the respondent no.2 shall follow the ratio of Sri Kali Sadhan Bhattacharjee (supra) and ratio of Subir Kumar Ghosh (supra).

10.

With the aforesaid directions, writ petition stands disposed of.

11.

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

(Saugata Bhattacharyya, J.)