Ayantika Dey v. State Of West Bengal And ORS.

D/L18 11.06.2025 Rohit ct.no.18 WPA 10141 of 2025 Ayantika Dey

Versus

The State of West Bengal & Ors.

Mr. Laxminath Bhattacharya Mr. Banshi Badan Maity ...for the Petitioner Mr. Biswabrata Basu Mallick, Ld. AGP Mr. K.M. Hossain .... For the State Affidavit of service filed on behalf of the petitioner is taken on record.

In the writ petition, inter alia, petitioner has questioned order dated 26th November, 2020 issued by the District Inspector of Schools (S.E.), Hooghly whereby prayer of the petitioner for appointment on compassionate ground has been spurned.

Learned Advocate representing the petitioner submits that impugned order dated 26th November, 2020 is a non-speaking order, therefore, it is not tenable.

On the contrary Mr. Basu Mallick, learned Additional Government Pleader has made submission to defend the order only on technical ground i.e.,

delay since impugned order was passed on 26th November, 2020 and writ petition is filed in 2025. At first blush it transpires that order is cryptic and devoid of cogent reasons. If writ petition is dismissed solely on technical ground of delay then such non-speaking order will retain in the record whereby claim of the petitioner for appointment on compassionate ground has been rejected.

It is obligatory on the part of administrative authorities to assign reasons in support of conclusion drawn in orders whereby claims of the parties are rejected. No reasons are assigned in the impugned order dated 26th November, 2020 in order to substantiate conclusion drawn in the said order by the District Inspector of Schools (S.E.), Hooghly. Hence, impugned order dated 26th November, 2020 is set aside.

District Inspector of Schools (S.E.), Hooghly is directed to pass a reasoned order on the claim of the petitioner seeking compassionate appointment within a period of six weeks from the date of communication of this order.

The decision to be taken by the District Inspector of Schools (S.E.), Hooghly shall be communicated to petitioner by ten days thereafter.

Accordingly, writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)