Jamal Abdul Nasser vs The State Of West Bengal & Ors
2023 Latest Caselaw 4943 Cal

   99
 sandip
 Ct. 18
10.08.2023
                            W.P.A. 15834 of 2021

                             Jamal Abdul Nasser
                                     Vs.
                        The State of West Bengal & Ors.

                  Mr. Kamalesh Bhattacharyya,
                  Mr. Aninda Bhattacharyya,
                  Mr. Bidhan Biswas         ... For the petitioner.

                  Mr. Arindam Chattopadhyay,
                  Ms. Lipika Chatterjee                ... For the State.


                  Affidavit-of-service filed on behalf of the petitioner be

             kept with the record.

                  In spite of service, none appears on behalf of the State-

             respondents.

This Court under such circumstances engages Mr.

Arindam Chattopadhyay, learned advocate along with his

junior Ms. Lipika Chatterjee, advocate, to appear on behalf

of the State in this matter, their engagements be

regularized.

The learned advocate on record of the petitioner serves a

copy of the writ petition upon Mr. Chattopadhyay.

The petitioner was initially appointed as an Assistant

Teacher of Panchgram High School, Rampurhat, District -

Birbhum subsequently, the appointment of the petitioner

as the Headmaster of Koggram High School, Nalhati,

Birbhum w.e.f. February 04, 2020 was approved vide

Memo dated March 17, 2020.

The representation of the petitioner dated August 04,

2021 praying that the promotional increment which he

received from February, 2020 till June, 2020 be deferred

and that he may be allowed to refund the amount received

by him on account of such promotional increment and also

for disbursement of both the incremental benefits w.e.f.

July 01, 2020 is pending consideration before the District

Inspector of Schools (SE), Birbhum, the respondent no. 3

herein. The said representation is appearing at page 19 of

the writ petition, being Annexure 'P-4'.

Mr. Bhattacharyya, learned advocate for the petitioner

submits that in view of the judgment of the Division Bench

dated February 21, 2014 passed in F.M.A. 1445 of 2014

(The Secretary, Mahishadal Raj High School & Anr. vs.

Dr. Kanika Sahoo (Mondal) & Ors) and the order dated

September 15, 2022 passed in the review application in

connection with the said appeal being R.V.W. 130 of 2014,

the petitioner is entitled to both the incremental benefits.

The respondent no. 3 is directed to consider the said

representation of the petitioner in accordance with law

within four weeks from the date of communication of this

order after giving the petitioner an opportunity of being

heard.

W.P.A. 15834 of 2021 is disposed of with the above

terms without any order as to costs.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

Parties to act on the server copy of this order duly

downloaded from the official website of the Court.

(Biswajit Basu, J.)