16-01-2026 Item No.8 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.21275 of 2025 Hosneara Khatun -vs- The State of West Bengal & Ors. Mr. Ujjal Ray Ms. Atreya Chakraborty …for the petitioner Ms. Koyeli Bhattacharyya Mr. Bibek Dutta …for the Board Mr. Sourav Mitra …for WBCSCC 1. The petitioner seeks notional benefit. She was recommended for appointment in a school on November 27, 2024, but when the petitioner went to the school for joining, she was unable to do as the managing committee of the school was non- functional. She had to wait for the Administrator to issue appointment letter to her. 2. The petitioner’s recommendation letter was on 27th November, 2024. She was issued the letter of appointment on 6th January, 2025 and she was able to join only on January 9, 2025. The entire process from the date of issuance of the recommendation letter till the date of joining consumed some time for which the petitioner was unable to join the school prior to January 1, 2025. She missed the opportunity to get the increment. 3. Grievance of the petitioner is that had the recommendation been made in proper time and the petitioner could have joined school prior to January 2025, she would have been entitled to an increment in July 2025. As the petitioner joined after January, 2025, she lost the opportunity to get the increment. 2 4. The petitioner submits that such delay in her appointment was in no way attributable to her. Accordingly, she should not be deprived of the increment. 5. A similar issue came up for consideration before this Court; and vide order dated August 8, 2025 passed by the Hon’ble Division Bench in MAT No.1247 of 2025 with CAN No.1 of 2025 (Saktipada Pradhan –vs- The State of West Bengal & Ors.), this Court was pleased to hold that equity regards that justice should be done. Balancing the equities among the parties, the Court opined that the incremental benefits cannot be scuttled and the deficiency in service towards grant of incremental benefit of about a month needs to be condoned. Such condonation would have no regard to other service related benefits including the seniority. The date of appointment of the candidate shall remain the same. The Court directed the State to grant incremental benefit as specified under Rule 10 of the notification dated December 13, 2019 of the West Bengal Revision of Pay and Allowances Rules 2019. 6. In view of the binding precedent of the Hon’ble Division Bench, the instant writ petition is disposed of by directing the State to grant the petitioner the incremental benefit which she is entitled to in terms of the above Rule at the earliest. 7. Certified copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 3