Arkaprava Paul v. State Of West Bengal And ORS.

12.03.2025 Item No.05, DL Court No.19 AJ.

IN THE HIGH COURT AT CLACUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 4582 of 2025 Arkaprava Paul -VsThe State of West Bengal & Ors.

Mr. Souri Ghosal, Mr. Subhojit Mukherjee.

.....for the Petitioner.

Mr. Wasim Ahmed, Sk. Md. Masud.

.....for the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The mother of the petitioner was an Assistant Teacher of a Primary School under Malda District Primary School Council, District : Malda, she died-in-harness on November 02, 2016. The petitioner being the only son of the deceased teacher had applied for compassionate appointment.

The Chairman, Malda District Primary School Council, the respondent no.5 herein by the impugned Memorandum bearing no.2668/ MDPSC/19/129/DH/MLD/19 dated October 17, 2019 has rejected the said prayer of the petitioner holding that the total monthly income of the family of the deceased teacher is more than the gross salary of a Group-D Staff of the State Government.

Learned Advocate for the petitioner submits that the father of the petitioner was the family pensioner but on his death the said pension since has been stopped, the Authority may be directed to reconsider the prayer of the petitioner for compassionate appointment.

Under such changed circumstances, the petitioner is permitted to apply before the respondent no.5 for reconsideration of his prayer for compassionate appointment and if such an application is made, the said respondent is directed to consider the same in accordance with law.

WPA 4582 of 2025 is, thus, disposed of without any order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)