Calcutta High Court
WPA/17786/2026 of ASISH KARAK Vs THE STATE OF WEST BENGAL AND ORS. on 30 July 2026
Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 17786 of 2026 Asish Karak Vs. The State of West Bengal & Ors. Mr. Sourav Mitra … for the Petitioner. Ms. Anita Kundu Ms. Pooja Singh … for the State. 1. Affidavit of service filed in Court
S/L 26
30.07.2026
Court No.24
SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 17786 of 2026
Asish Karak
Vs.
The State of West Bengal & Ors.
Mr. Sourav Mitra
… for the Petitioner.
Ms. Anita Kundu
Ms. Pooja Singh
… for the State.
1.
Affidavit of service filed in Court today be kept with the records.
2.
The petitioner is due to retire from service in December 31, 2026.
3.
At the time of preparation of his pension file, the petitioner has been directed to follow G.O. 00292- SL/5S-294/12 for fixation of pay as on July 1, 2014
for upgradation of the school to the higher secondary level.
4.
Learned advocate for the petitioner submits that the aforesaid Government Order has been set aside by the Hon’ble Court. The petitioner submits that he would be entitled to the additional increment for serving as Headmaster in the higher secondary section of the school.
5.
In support of his submission, learned advocate for the petitioner relies upon the order passed by this Court on November 11, 2025 in WPA 25178 of 2025
[Bhupati Chandra Naskar vs. The State of West
Bengal & Ors.] wherein a similar issue was considered by the Court.
6.
Prayer has been made to grant similar relief to the petitioner.
7.
Learned advocate for the State respondent relies on the instruction forwarded by the District Inspector of Schools (SE), Paschim Medinipur signed on July 30, 2026 which mentions that in terms of the Government
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Order
No.292-SL/5S-294/12 dated March 22, 2017 of the School Education Department, West Bengal, the benefit of 3% additional increment to the Headmaster for upgradation of school has been withdrawn.
8. Upon hearing the parties, it appears that the District Inspector of Schools has failed to notice that the Government Order dated March 22, 2017 has been set aside and quashed by the Hon’ble Division Bench on January 7, 2025 in FMA 981 of 2022 with IA CAN 1 of 2022 in the matter of Samarendranath Adak –vs- The State of West Bengal & Ors.
9. In view of setting aside the Government Order dated March 22, 2017, the petitioner would be entitled to enjoy the 3% additional increment in terms of the earlier government order.
10. Accordingly, the instant writ petition stands disposed of by directing the District Inspector of Schools (S.E.), Paschim Medinipur to ascertain as to whether the petitioner is similarly placed as that of Bhupati Chandra Naskar (supra).
11. If it is found that the petitioner is similarly placed, then the District Inspector of Schools shall take steps to process the pension file of the petitioner upon fixing his pay strictly in accordance with law.
12. In the event any anomaly is detected by the District Inspector of Schools, the same shall immediately be intimated to the petitioner for necessary rectification.
13. A decision shall be taken by the District Inspector of Schools at the earliest, but positively within a period of eight weeks from the date of communication of this order.
14. If required, an opportunity of hearing shall be provided to the petitioner at the time of fixation of his pay.
15. The writ petition stands disposed of.
16. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.
17. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.
(Amrita Sinha, J.)