Manoj Kumar Sinha v. State Of West Bengal And ORS

M/L. 06.

August 04, 2025.

KAUSHIK.

WPA No. 13665 of 2025 Manoj Kumar Sinha Vs.

The State of West Bengal and Others Mr. Rabindra Kumar Mitra Mr. Sobhan Kumar Pathak Ms. Sneha Chakraborty ... for the petitioner.

Mr. Susenjit Banik Mr. Mrinal Saha ... for the WBCSSC.

Ms. Kalpita Paul ... for the State.

1. Affidavit of service filed on behalf of the petitioner in Court is taken on record.

2. In the writ petition, petitioner has questioned memo dated 30th September, 2024 issued by the District Inspector of Schools (SE), Uttar Dinajpur whereby prayer of the petitioner for appointment on compassionate ground was refused.

3. Learned advocate representing the petitioner submits that order is not exhaustive, which is lacking certain particulars. Therefore, said impugned decision of District Inspector of Schools

(SE), Uttar Dinajpur being respondent no. 4 is not tenable.

4. State respondents and West Bengal Central School Service Commission are represented by learned advocates.

5. Submission has been made on behalf of the State respondents in order to defend the decision of the respondent no. 4 whereby case of the petitioner for appointment on compassionate ground was rejected.

6. At first blush, it appears that impugned order of the respondent no. 4 is devoid of reasons. Though it was recorded in the impugned order that income of the family of the deceased teacher was higher than the gross salary of 'GroupD' staff of State Government at the material point of time but no computation was made in order to demonstrate that family income of the deceased teacher was less than gross salary of 'Group-D' staff of State Government.

7. In view of aforesaid discrepancies, memo dated 30th September, 2024 should not be retained on record. The

said impugned memo dated 30th September, 2024 is set aside.

8. Respondent no. 4 is directed to take fresh decision on the prayer of the petitioner for appointment on compassionate ground after giving opportunity of hearing to the petitioner or his representative by four weeks from the date of communication of this order. Respondent no. 4 shall pass a reasoned order disclosing computation in support of assessing the financial hardship of the family of the deceased teacher. The decision of respondent no. 4 shall be communicated to the petitioner by fortnight thereafter.

9. Writ petition stands disposed of.

10. Urgent Xerox certified copy of this order be given to the parties expeditiously, if applied for, on usual undertakings.

(Saugata Bhattacharyya, J.)