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Calcutta High CourtWPA/13686/2025dismissed

Kuntal Rajak v. The State Of West Bengal And ORS

2025-08-12Hon'Ble Justice Saugata Bhattacharyya2 pages

34.

34.

(DL) (DL) 12.08.2025 12.08.2025 Ct. No. 18 (ARPAN) W.P.A. 13686 OF 2025 KUNTAL RAJAK VS.

THE STATE OF WEST BENGAL & OTHERS Mr. Arunava Pati, Adv.

...for the Petitioner 1.

Notice served upon the learned advocate representing the State respondents is filed today and same is taken on record.

2.

Petitioner has questioned the memo dated 17th March, 2020 passed by the District Inspector of Schools (S.E.), Bankura being respondent no.3 whereby prayer of the petitioner for appointment on compassionate ground was spurned. Father of the petitioner was an Assistant Teacher of a Government aided secondary school who died-in-harness on 8th September, 2017. At the time of death of father petitioner was minor.

3.

It is trite law that if a candidate seeking appointment on compassionate ground is minor on the date of death of the employee, he/she ought not to be considered for employment unless relevant scheme relating to appointment on compassionate ground contains specific provision protecting right of a minor candidate till such candidate attains majority. 4.

Moreover, impugned memo was issued by respondent no.3 on 17th March, 2020 whereas writ petition was

instituted five years thereafter on 20th June, 2025. Pursuing remedy after a period of five years in order get employment on compassionate ground goes to show that there was no immediate financial assistance required due to untimely death of the bread-earner. 5.

Hence, at this belated stage no relief can be granted to the petitioner.

6.

Writ petition stands dismissed.

7.

There shall be no order as to costs.

8.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)