BISWAJIT SARKAR v. THE STATE OF WEST BENGAL AND ORS
WPA/1309/2026 · 2026-07-23
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29705 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29705 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. 10 (1629)
23.07.2026
(JPD 25)
(S. Banerjee) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side
WPA 1309 of 2026
Biswajit Sarkar Vs. The State of West Bengal & Ors.
Mr. Debajit Kundu … for the petitioner Mr. Abhijit Raha Mr. Tuhin Kumar Roy … for the State
Affidavit of service filed in Court today is taken on record. The petitioner claims to have joined the post of Headmaster on July 18, 2019. The concerned institution was upgraded to Higher Secondary School on June 26, 2009. The petitioner seeks additional increment on account of his joining to upgraded school in terms of the Memo No.30- SE(B)/5B-1/2009 dated February 10, 2010 and the Government Order No.1003-SE(S).5P-129/12 dated December 4, 2014. The government order dated December 4, 2014 was withdrawn by a subsequent order of the
2 Joint Secretary, School Education Department, Secondary Branch vide G.O. dated March 22, 2017. It is not in dispute that the memo dated March 22, 2017 has been set aside by a Co-ordinate Bench of this Court in WPA 6217 of 2021 by an
order dated January 15, 2024. Mr. Jana, learned advocate appearing for the petitioner submits that the petitioner has not yet applied for release of the additional increment at the rate of 3%. He prays for liberty to submit a representation in that regard. Heard the learned advocate for the State. In the light of the submissions made by the learned advocates for the respective parties, this writ petition stands disposed of by giving liberty to the petitioner to apply before the Commissioner of School Education, West Bengal, being the respondent no.2 for grant of additional increment in terms of the memo dated February 10, 2010 and December 4, 2017. If such a representation is submitted, the respondent authority shall consider and dispose of such representation strictly in accordance with law in the light of the decisions passed by this Hon’ble
3 Court on such issue. If the authority decides in favour of the petitioner, all consequential steps thereafter shall be taken in accordance with law as expeditiously as possible. There will be no order as to costs. All parties shall act on the server copy of this
order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)