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Calcutta High CourtWPA/11868/2023disposed

Sk. Rafijul Islam v. The State Of West Bengal And ORS.

2023-07-27Hon'Ble Justice Kausik Chanda2 pages

27.07.2023 Item No.21 Ct. No. 238 AKG WPA 11868 of 2023 Sk. Rafijul Islam Vs.

The State of West Bengal & Ors.

Mr. Uday Narayan Betal, Mr. Bhaskar Hutait ...for the Petitioner Mr. Subhrangsu Panda, Ms. Mithu Singha Mahapatra ...for W.B.C.S.C.

Mr. Suman Dey ...for the State Mr. Uttam Kr. Bhattacharya ...for the College It is the grievance of the petitioner that though he was selected for the post of Peon under the General Category at Pingla Thana Mahavidyalaya, Paschim Medinipur in the year 2011, till date, the college has not issued any appointment letter in his favour. It has been submitted by Mr. Uttam Kr. Bhattacharya, learned advocate appearing for on behalf of the college that pursuant to an order dated December 21, 2009, passed in WP No. 28816 (w) of 2008, filed by a candidate seeking compassionate appointment, the post was kept vacant.

It has been further submitted by the college that the Director of Public Instructions, West Bengal by an order dated February 1, 2019, ultimately declined to grant compassionate appointment to the petitioner in W.P. No. 28816 (W) of 2008. It has also been

submitted that the said order passed by the Director of Public Instructions is now a subject matter of two Special Leave Petitions, SLP (C) No. 11301 and 11302 of 2023.

Without going into any other factual aspects involved in this case, I dispose of the writ petition directing the college authority to send all documents relating to the selection of the present petitioner before the Director of Public Instructions within a period of one month from the date of communication of this order. The Director of Public Instructions within one month thereafter shall decide as to whether approval shall be given to the appointment of the present petitioner or not.

Accordingly, WPA 11868 of 2023 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Kausik Chanda, J.)