Bikram Mondal v. State Of West Bengal And ORS.

27.04.2026 Sl. No.9 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 6538 of 2026 Bikram Mondal

Versus

The State of West Bengal & Ors.

Mr. Gourav Das Ms. Madhumanti Das ...for the Petitioner.

Mr. Pritam Chowdhury ... for the DPSC Paschim Bardhaman Mr. Saibal Acharyya Mr. Tanweer J. Mondal ... for the DPSC, Purba Bardhaman Ms. Sanchayita De ... for the State 1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition, the petitioner seeks direction upon the respondent authorities to take a decision pursuant to the memo dated 15th December, 2022 issued by the Sub-Inspector of Schools, Ukhra Circle, Paschim Bardhaman and for issuance of letter of appointment in favour of the petitioner under diedin-harness category on compassionate ground. 3.

The petitioner contends that his mother namely, Late Bandana Mondal was an Assistant Teacher in Kendra Balathol Free Primary School under District Primary School Council, Burdwan (now Purba Bardhaman). The petitioner's mother joined in the said school on

11th December, 1991. The mother of the petitioner died-in-harness on 11th April, 2022 leaving behind her husband, Basab Kumar Mondal, two married daughters namely, Parnali Mondal and Panchali Mondal and one son namely, Bikram Mondal, the petitioner herein. Upon demise of his mother the petitioner made an application for his appointment on compassionate ground on 6th December, 2022 before the Chairman, District Primary School Council, Purba Bardhaman through Sub-Inspector of Schools, Ukhra Circle, Purba Bardhaman under Group 'C' category in a secondary school. On 15th December, 2022 the SubInspector of Schools, Ukhra Circle, District Paschim Bardhaman forwarded the prayer of the petitioner to the Chairman, District Primary School Council, Purba Bardhaman for necessary action. On 29th January, 2024 the petitioner has come to learn from a reliable source that his prayer has been forwarded to the District Primary School Council, Paschim Bardhaman. However, no decision has yet been taken. Hence, this writ petition.

4.

Mr. Gourav Das, learned Advocate appearing on behalf of the petitioner submits that the application of the petitioner for appointment on compassionate ground has been made within the stipulated time. The other legal heirs have already given their no-objection to the prayer of the petitioner for appointment on compassionate ground. After bifurcation of District

Bardhaman, the prayer of the petitioner has been forwarded to the District Primary School Council Paschim Burdwan on 29th January, 2024, which is still pending consideration. He seeks that the matter be relegated to the appropriate authority for taking a decision on the prayer of the petitioner for appointment on compassionate ground.

5.

Learned Advocate appearing on behalf of the DPSC, Purba Burdwan and DPSC, Paschim Burdwan concedes to such submission of the learned advocate for the petitioner.

6.

In view of such submissions advanced on behalf of the learned Advocate for the respective parties, Chairman, District Primary School Council, Paschim Burdwan, respondent no.12 is directed to take a decision in respect of the prayer of the petitioner for appointment on compassionate ground, within a period of eight weeks from the date of communication of this order, upon notice to the petitioner, in accordance with law, by passing a reasoned order.

7.

The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order.

8.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.12, the Chairman, District Primary School Council, Paschim Burdwan.

9.

With the above direction, the writ petition being WPA 6538 of 2026 stands disposed of.

10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11. Interim order, if any, stands vacated.

12. All connected applications, if any, stand disposed of.

13. There shall be no order as to costs.

14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)