Ujjwal Kumar Roy v. State Of West Bengal And ORS.
29.04.2025 Court No. 18 Item No.06 (DL) (Suvendu) WPA 8571 of 2025 Ujjwal Kumar Roy -Versus- The State of West Bengal & Ors.
Mr. Himadri Sikhar Chakraborty ......for the petitioner Mr. Dipanjan Datta Mr. Sayan Datta .....for the State Mr. Amitava Dhaudhuri Mr. Pradipta Siddhanta ....for the WBBPE Affidavit of service filed on behalf of the petitioner is taken on record.
Mother of the petitioner was primary teacher who was declared physically incapacitated on 13th September, 2018 by the Zonal Medical Board, North Bengal Medical College.
On being declared physically incapacitated, mother of the petitioner was sanctioned pension but mother died on 10th November, 2018. Subsequently petitioner being son of deceased primary teacher applied for appointment on compassionate ground on 25th July, to the concerned respondent authority.
Petitioner prays for necessary direction to consider his claim for appointment on compassionate ground based on memo dated
28th October, 2024 issued by the Assistant Secretary, West Bengal Regional School Service Commission, Northern Region, Malda.
In consideration of claim of appointment on compassionate ground in connection with service of mother of the petitioner being primary teacher, Court is required to consider Schedule V of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules, 2009. On conjoint reading of Clause 1 and Clause 2 under Schedule V of the said Rules of 2009, it appears that right accrues in favour of the petitioner to make application for appointment on compassionate ground within a period of two years from the date on which mother of the petitioner was declared as physically incapacitated. In the present case, mother of the petitioner was declared as physically incapacitated on 13th September, 2018 and petitioner applied for appointment on compassionate ground on 25th July, 2019 which is within a span of two years from the date when mother of the petitioner was declared physically incapacitated. Moreover, case of the petitioner is fortified in consideration of the fact that mother of the petitioner died on 10th November, 2018.
The Commissioner of School Education being respondent no. 2 is directed to consider the prayer of the petitioner for appointment on compassionate ground afresh and pass a reasoned order by eight weeks from date of communication of this order. An opportunity of hearing shall be afforded before taking such decision and the decision to be taken by respondent no. 2 shall be communicated to the petitioner by ten days thereafter.
Writ petition stands disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Saugata Bhattacharyya, J.)