Billal Hossain v. State Of West Bengal And ORS.

25.02.2026 Item No.22 Ct. No.14 IN THE HIGH COURT AT CALCUTTA gd CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/29260/2025 BILLAL HOSSAIN VS STATE OF WEST BENGAL AND ORS.

Mr. Sakti Pada Jana, Mr. Subhajyoti Das ... for the Petitioner Mr. Tapas Kumar Das ... for the State 1.

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

2.

Instruction filed by the State furnished by District Inspector of Schools (Secondary Education), Murshidabad dated 5th January, 2026 is taken on record.

3.

By the present writ petition, the petitioner seeks for direction upon respondent No.4, the District Inspector of Schools (Secondary Education), Murshidabad to refix the basic pay of the petitioner who is discharging function as Headmaster of Rausannagar Hossania High Madrasah (H.S.), Murshidabad upon granting him 3% additional increment in terms of the Government Orders.

4.

The petitioner contends that he is the Headmaster of Rausannagar Hossania High Madrasah (H.S.), Murshidabad which has been upgraded as a Higher

Secondary High Madrasah on 18th June, 2010. The petitioner has taken charge as the Headmaster in the said High Madrasah on 1st July, 2010. As such, 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.

5.

Mr. Sakti Pada Jana, learned advocate appearing for the petitioner at the very outset submits that the Government Orders quoted in the writ petition is not applicable. However, in terms of Government Order No. 298-MD dated 27th February, 2009, the petitioner is entitled to an increment of 3% of his basic pay. He seeks liberty to submit a comprehensive representation before respondent No.4, the District Inspector of Schools (Secondary Education), Murshidabad in this regard for due consideration in accordance with law.

6.

Mr. Tapas Kumar Das, learned advocate representing the State submits that the petitioner is not entitled to get the benefit of increment of 3% of his basic pay since the Government Orders have not proposed for any additional increment in favour of the Headmaster of Rausannagar Hossania High Madrasah (H.S.), Murshidabad which has been upgraded as a Higher Secondary High Madrasah on 18th June, 2010.

7.

In view of the above submission, the petitioner is granted liberty to file a comprehensive representation before respondent No.4, the District Inspector of Schools (Secondary Education), Murshidabad within a period of four weeks from date. Upon receipt of such representation, respondent No.4, the District Inspector of Schools (Secondary Education), Murshidabad shall consider the representation of the petitioner in the light of the Government Order No. 298-MD dated 27th February, 2009 and subsequent Government Order No.740-MD/0/1E-T/09 dated 20th May, 2009 and the Government Order No.960-MD dated 16th June, 2010 and dispose of the same within a period of eight weeks in accordance with law upon giving notice to the petitioner as well as to respondent No.6, Madrasah authority. In the event, the petitioner is found to be entitled, then necessary consequential steps be taken accordingly.

8.

Learned advocate for the petitioner is directed to communicate this order to the respondent No.4, the District Inspector of Schools (Secondary Education), Murshidabad, for necessary compliance.

9.

With the above directions, the writ petition being WPA 29260 of 2025 stands disposed of.

10.

Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.

11.

Consequently, connected applications, if any, also stand disposed of.

12.

Interim orders, if any, stand vacated.

13.

There will be no order as to costs.

14.

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.)