Calcutta High Court (Appellete Side)
Dr. Alok Chakrabarty vs The State Of West Bengal & Ors on 17 August, 2015
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
17.08.2015
srm
W.P. No. 15493 (W) of 2015
Dr. Alok Chakrabarty
Versus
The State of West Bengal & Ors.
Mr. P.P. Roy,
Mr. Avra Majumdar,
Mr. Puspal Chakraborty,
Mr. Kaushik Chowdhury,
Ms. Sudeshna Majumder
...For the Petitioner.
Mr. Sadananda Ganguli,
Mr. Depabratim Banerjee
...For the State.
Let affidavit of service filed by the petitioner be kept on record.
The petitioner has filed the present writ petition for a direction
upon the respondent No.6, the Commission of School Education,
Government of West Bengal for granting two additional increments as the petitioner obtained Ph.D degree in Chemistry from Jadavpur University, the convocation which was held on 24th December, 2009. The petitioner made representation before the authority for grant of two additional increments since he has obtained Ph.D degree in Chemistry.
Mr. Ganguli, learned Senior Advocate appearing for the State, submits that this issue is pending before the Hon'ble Division Bench since there is no provision in ROPA, 2009 for grant of two additional increments for obtaining Ph.D degree in relevant subject. 2 Considering the submissions advanced by the learned Advocates for the respective parties and after perusing the records, I am of the view that justice would be sub-served if the respondent No.6, the Commissioner of Schools Education, Government of West Bengal, is directed to consider and dispose of the petitioner's claim for grant of two additional increments for obtaining Ph.D degree in Chemistry in the year 2009 within a period of six weeks from the date of communication of this order after giving an opportunity of hearing to the petitioner and communicate that decision to the petitioner within two weeks thereafter.
Needless to mention that at the time of hearing the petitioner is at liberty to rely on the relevant ROPA and other Government Orders/Circulars and the decisions passed by the Hon'ble Division Bench of this Court as well as the decision passed by the Hon'ble Single Bench of this Court.
Needless to mention that I have not entered into the merits of this case and all points are kept open to be independently decided by the Commissioner of School Education, Government of West Bengal at the time of hearing.
Since no affidavit-in-opposition has filed the allegations made in the writ petition are deemed not to be admitted.
With this direction, this writ petition is disposed of. There will be no order as to costs.
3Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
( Samapti Chatterjee, J. )