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2026 DAILYLAW 44964 (CAL)

RIPUNATH BARMAN v. THE STATE OF WEST BENGAL AND ORS.

WPA/2118/2026 · 2026-09-30

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23 30.09.2026 Ct. No.6 b.das IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 2118 of 2026 Ripunath Barman Vs. The State of W.B. & Ors. Mr. Uday Sankar Sarkar Mr. Gobinda Ch. Roy …for the petitioner. Mr. Arijit Ghosh Ms. N. Biswakarma ..for the State. Affidavit of service filed by the petitioner is taken on record. The 7th respondent is not represented despite service. Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Teacher in Mathematics at Manikganj High School vide appointment letter dated 4th February, 1991 and joined the service on 11th February, 1991. He was subsequently appointed as the Headmaster of the school vide memo dated 9th March, 2002 and joined the said post on 15th March, 2002. The school was upgraded under the West Bengal Council of Higher Secondary Education as a Higher Secondary School by virtue of memo dated 22nd June, 2010 and the petitioner was entitled to receive additional increment of 3% as Headmaster of the school by 2 virtue of a letter issued by the District Inspector of Schools (Secondary Education), Jalpaiguri on 7th February, 2014 in terms of a government order dated 10th February, 2010. However, by a subsequent notification issued on 22nd March, 2017, the Joint Secretary (Secondary) to the Government of West Bengal withdrew the additional increment allowed in favour of the Headmasters including the petitioner. The petitioner was compelled to return the amount received by him as additional increment. The Headmasters of several schools approached this Court in a writ petition being WPA 23867 of 2017 assailing the said notification. By a judgment delivered on 7th May, 2024 a co-ordinate Bench of this Court allowed the writ petition and held the Headmasters to be entitled to the benefit of additional 3% increment. The petitioner sought implementation of the said order before the concerned authority pursuant to which a report was submitted by the President of the school to the District Inspector of Schools (Secondary Education) on 9th March, 2026 accepting the prayer of the petitioner. It has been held by the authority that the petitioner is entitled to the benefit of 3% additional increment with effect from 1st July, 2010. 3 The petitioner seeks implementation of the said order and refund of the additional benefit deposited by her due to cancellation of the earlier order. Learned counsel for the State opposes the contention of the petitioner. Upon consideration of the submission made on behalf of the parties and material on record, particularly the judgment delivered by this Court earlier, the District Inspector of Schools (Secondary Education), Jalpaiguri, being the 4th respondent herein, is directed to take necessary steps for resumption of the additional 3% increment in favour of the petitioner in terms of the order of this Court and the letter issued by the President of the school with effect from 1st July, 2010 within four weeks from the date of communication of this order. The service book of the petitioner be amended/rectified accordingly. The writ petition is disposed of accordingly. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)