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2026 DAILYLAW 3075 (CAL)

MANAS BHATTACHARYA v. THE STATE OF WEST BENGAL AND ORS

WPA/25/2026 · 2026-01-13

Shampa Sarkar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item No.40 13.01.2026 Court. No. 2 GB CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE JURISDICTION WPA 25 of 2026 Manas Bhattacharya VS The State of West Bengal & Ors. Mr. Debajit Kundu … for the Petitioner. Mr. Subir Kumar Saha, Mr. Kumar Shantanu … for the State. 1. Affidavit-of-service filed in Court today, is taken on record. 2. Petitioner by presenting this writ petition, inter alia, has prayed for sanction of 3% additional increment for manning the post of Headmaster in Higher Secondary school. 3. 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.). 2 4. State respondents are represented by learned advocate. 5. Having considered the issue involved in this writ petition, this Court finds that no useful purpose would be subserved in keeping this writ petition pending. 6. Leave is granted to the petitioner to make a representation to the Commissioner of School Education, Government of West Bengal by three weeks from date claiming 3% additional increment. If such representation is made within the aforesaid time, the Commissioner of School Education, Government of West Bengal shall decide the claim of the petitioner for sanction of 3% 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 weeks from the date of receipt of such application. The decision to be taken by the Commissioner of School Education shall be communicated to the petitioner by fortnight thereafter. While taking such decision, the Commissioner of School Education shall follow the ratio of Sri Kali Sadhan Bhattacharjee (supra) as decided by the Hon’ble Division Bench vide judgment dated 3rd December, 2024 and the ratio of 3 Subir Kumar Ghosh (supra) as decided by the Coordinate Bench vide judgment dated 15th January, 2024. 7. Writ petition stands disposed of, without any order as to costs. 8. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Shampa Sarkar, J.)