22.07.2026 Sl. No.43 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 9816 of 2026 Md. Raisuddin Versus The State of West Bengal & Ors. Mr. Sakti Pada Jana Mr. Subhajyoti Das …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh …for the State. 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondent authorities particularly, respondent nos.4 and 5, the District Inspector of Schools (SE), Malda and the Director of Pension, Provident Fund and Group Insurance, respectively to sanction the pensionary benefit in favour of the petitioner upon granting 3% additional increment and issue fresh pension payment order and release the arrears. 3. The petitioner contends that he was initially appointed as an Assistant Teacher in Nazirpur High School, District Malda on 26th August, 1989. Subsequently, the petitioner joined as Headmaster at Maharajnagar High Madrasah, District Malda on 2nd April, 2002. The Basic Pay of the petitioner was fixed as Assistant Teacher at Rs.500/- on 26th September, 1989. Subsequently, he was granted higher scale of 2 pay for his M.A. at Rs.1780/- with effect from 19th December, 1989. His pay was refixed as Headmaster at Rs.9375/- as on 2nd April, 2002 and revised as per ROPA, 2009 at Rs.24,580/- with effect from 1st January, 2006. Subsequently, the petitioner joined as Headmaster in Manikchak High Madrasah, District Malda on 17th November, 2006. The said school was upgraded to Higher Secondary Madrasah vide sanction order dated 27th July, 2009. The petitioner’s Basic Pay was re-fixed with additional 3% increment as per ROPA, 2009. Such Basic Pay was fixed at Rs.27,660/- with effect from 1st August, 2009 and the same pay was revised under ROPA, 2019 at Rs.87,400/- with effect from 1st January, 2016 notionally and fixed at Rs.90,000/- with effect from 1st January, 2020. The petitioner joined as Headmaster at Malda Model Madrasah (H.S.), District Malda on 12th February, 2021 and his pay was frixed as Headmaster in the said Higher Secondary school at Rs.1,01,400/-. The petitioner retired from service on superannuation on 29th February, 2024. The petitioner submitted pension papers with all relevant documents wherein the petitioner’s last Basic Pay was revealed as 1,10,700/- as on 1st July, 2023. At the time of settling the pension, objection was raised that the petitioner is not entitled to additional increment which he had already availed. The petitioner was directed to deposit the overdrawal amount of 3 Rs.3,17,526/- and under compelling circumstances the petitioner deposited the overdrawal amount on 18th November, 2023. Pension Payment Order was accordingly issued in favour of the petitioner. Being aggrieved by such action of the respondent authorities, the petitioner preferred a writ petition being WPA 11139 of 2025 for redressal of his grievance. The said writ petition was disposed of vide order dated 18th June, 2025 with the following direction: “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 haring 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 ten days 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 3rtd December, 2024 and the ratio of Subir Kumar Ghosh (supra) as decided by the Coordinate Bench vide judgment dated 15th January, 2024.” 4. Pursuant to such direction of the Hon’ble Court, the petitioner submitted comprehensive representation on 3rd July, 2025 before the authority concerned. 5. By order dated 20th February, 2026 the Commissioner of School Education, West Bengal disposed of such 4 representation of the petitioner on the contention that he is not the appropriate authority to dispose of any matter concerning Madrasah. The Director of Madrasah Education is the appropriate authority. Challenging such action, the present writ petition has been filed. 6. Mr. Sakti Pada Jana, learned Advocate appearing on behalf of the petitioner submits that the petitioner is entitled to 3% additional increment upon upgradation of the Madrasah to Higher Secondary Madrasah. Therefore, the action of the respondent authorities to direct the petitioner to deposit overdrawal amount towards receipt of additional 3% increment is not sustainable. He seeks that the matter be relegated to the respondent no.4, the District Inspector of Schools (SE), Malda to consider the representation of the petitioner. 7. Mr. Brijendra Pratap Singh, learned Advocate representing the State also submits that the District Inspector of Schools (SE), Malda, respondent no.4 is the appropriate authority to consider such representation. 8. In the above conspectus, leave is granted to the petitioner to make comprehensive representation before the District Inspector of Schools (SE), Malda, respondent no.4, within a period of three weeks from date. Upon such application being made, the respondent no.4, the District Inspector of Schools 5 (SE), Malda shall consider the same and pass a reasoned order upon notice to the petitioner, within a period of six weeks from the date of submission of such representation. 9. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such reasoned order. 10. It is made clear that the order of the Commissioner of School Education, West Bengal dated 20th February, 2026 will not stand in the way of consideration of the representation of the petitioner by the District Inspector of Schools, (SE), Malda. 11. With the aforesaid directions, the writ petition being WPA 9816 of 2026 stands disposed of. 12. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 13. Consequently, connected applications, if any, stand disposed of. 14. Interim orders, if any, stand vacated. 15. There shall be no order as to costs. 16. Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)