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2026 DAILYLAW 46051 (CAL)

DR.DIPA MITRA v. INDIAN INSTITUTE OF SOCIAL WELFARE AND BUSINESS MANAGEMENT (IISWBM) AND ORS

WPO/467/2026 · 2026-10-05

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

O-3 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WPO No.467 of 2026 DR. DIPA MITRA -VS- INDIAN INSTITUTE OF SOCIAL WELFARE AND BUSINEES MANAGEMENT (IISWBM) & ORS. BEFORE: The Hon’ble JUSTICE AMRITA SINHA Date:5th October, 2026. Appearance: Mr. Billwadal Bhattacharyya, Sr. Adv. Mr. Aditya Mondal, Adv. Mr. Tamoghna Pramanick, Adv. …for the Petitioner. Mr. Joydeep Sen Adv. Mr. Rajarshi Chatterjee, Adv. Ms. Susmita Mukherjee, Adv. ...for the Respondents. 1. The petitioner is serving as Associate Professor at the Indian Institute of Social Welfare and Business Management. She prays for implementation of the recommendation for promotion from Associate Professor (Stage-IV) to Associate Professor (Stage-V). 2. Reliance has been placed on the recommendation signed on 6th March, 2026 wherein she has been recommended for promotion with effect from 11th June, 2018. After filing of the writ petition, the salary of the petitioner has been stopped. 3. Prayer has been made to direct the authority to implement the recommendation and direct release of arrear salary to the petitioner. 4. Learned Advocate representing the Indian Institute of Social Welfare and Business Management submits, upon instruction that, one of the 2 educational qualifications relied upon by the petitioner has been found to be not proper. The authority will take a decision on the recommendation which the petitioner seeks implementation of. 5. Controverting the allegation made against the petitioner, the learned senior counsel representing the petitioner submits that the allegation against the petitioner by the respondent authority is absolutely false and an afterthought. 6. Upon hearing the parties, it appears that a recommendation was made for promoting the petitioner. It is for the authority to take further steps in terms of the recommendation. If the authority has a different opinion on the recommendation, the same shall be intimated to the petitioner. 7. As regards allegation of non-payment of salary, learned Advocate representing the authority is not ready with proper instruction. The authority ought not to stop the salary of the petitioner merely because a writ petition has been filed. If there is any issue regarding payment of salary of the petitioner, the same shall immediately be made known to the petitioner so that she can take necessary remedial steps. 8. The representation of the petitioner dated 15th July, 2026 seeking implementation of the recommendation for promotion is pending consideration at the end of the authority. The authority is directed to take a decision on the said prayer positively within a period of four weeks from the date of communication of this order. An opportunity of hearing shall be provided to the petitioner for production of all relevant documents in support of her education qualification. 3 9. Learned Advocate representing the respondent authority undertakes to file Vakalatnama in the Department by tomorrow (i.e. 6th October, 2026. 10. The writ petition stands disposed of. 11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. 12. All parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. (AMRITA SINHA, J.) nm