29-07-2026 Item No.923 ML Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.20044 of 2025 Md. Sumser Ali -vs- The State of West Bengal & Ors. Mr. Sanjib Kumar Mukhopadhyay Md. Nasim Ali Ms. Nargish Parveen …for the petitioner Mr. Sahasrangshu Bhattacharya, AGP Ms. Mary Datta Mr. Argha Chatterjee …for the State 1. The petitioner has retired from service as headmaster of a school. While serving as the headmaster, he was allowed additional increment in terms of a Government Order. By a subsequent Government Order, the earlier Government Order for grant of increment was cancelled. The cancellation order was thereafter again cancelled which led to the revival of the original order for grant of increment. The petitioner was paid certain sum in accordance with the initial order for grant of increment. 2. In 2017, the petitioner was made aware of the additional increment that he received with a direction to refund the additional payment which the petitioner did by way of a treasury challan in September 2024. The treasury challan clearly records that a sum of Rs.3,47,580/- is being deposited as refund of overdrawn payment of additional increment of the higher secondary section from August 1, 2012 to September 30, 2024. 3. Learned counsel for the petitioner asserts that he would be entitled to the increment drawn by him and he ought not to have been directed to refund any amount which he received as increment. 4. In support of such submission that the petitioner would be entitled to the increment, reliance has been placed on a judgment delivered by this Court on March 20, 2024 in WPA No.15523 of 2019 (Md. Kabir & Ors. v. State of West Bengal & Ors.) wherein the Court was of the opinion that the headmasters of different schools would be entitled to the benefit of additional 3% increment. 5. Learned counsel for the petitioner submits that the petitioner is similarly placed as that of Md. Kabir & Ors. (supra) and the benefit of additional increment would be applicable in his case too. 6. Prayer has been made to direct the respondents to take a decision on the legal representation filed on behalf of the petitioner. 7. Learned counsel for the State submits that the petitioner retired from service on January 31, 2025 and that the petitioner was directed to refund the increment way back in 2017. The petitioner delayed in refunding the said increments. 8. It has, however, been submitted that the issue as to whether the headmasters of different schools who discharged the service in the higher secondary sections of the school upon upgradation would be entitled to the additional increment has been decided by the Court in the matter of Md. Kabir & Ors. (supra). 9. Upon hearing the respective submissions made on behalf of both the parties and on perusal of the records, it appears that the petitioner has actually 2 refunded certain amount in September 2024 – a couple months prior to his retirement. Whether the said amount would be payable to the petitioner or not is to be decided. 10. The petitioner asserts that he would be covered by the decision passed by the Court in the matter of Md. Kabir & Ors. (supra). A detailed legal representation on behalf of the petitioner is pending consideration at the end of the respondent authorities. 11. As it appears that the representation on behalf of the petitioner is still pending consideration, accordingly, the instant writ petition stands disposed of by directing the District Inspector of Schools (SE), Birbhum to take a decision on the legal representation made on behalf of the petitioner strictly in line with the law laid down by this Court in the matter of Md. Kabir & Ors. (supra) at the earliest but positively within a period of twelve weeks from the date of communication of this order. 12. If the authority is of the opinion that the petitioner would be entitled to the increment, then steps shall be taken by the aforesaid authority for refund of the money which was deposited by the petitioner without any further delay. 13. All parties are to act on the server copy of this order duly downloaded from the official website of this court. 14. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 3 4