Calcutta High CourtWPA/19144/2019disposed

Biswa Sharma v. State Of West Bengal & ORS

2023-08-16Hon'Ble Justice Kausik Chanda3 pages

16.08.2023 Item No.165 Ct. No. 238 AKG WPA 19144 of 2019 Biswa Sharma Vs.

The State of West Bengal & Ors.

Mr. Satyajit Mondal, Mr. Amar Nath Sen, Mr. Molay Dhar ...for the Petitioner It appears that the father of the petitioner was a Group-D employee at Fakir Chand College, Diamond Harbour. He died in harness on July 5, 2000. After his death, the college appointed the petitioner to a Group-D post on February 10, 2010. Thereafter the college sought approval from the Director of Public Instruction, West Bengal by various letters. Ultimately, by the order impugned dated April 19, 2017, the Deputy Secretary, Higher Education Department, Science & Technology and BioTechnology, College Sponsored Branch rejected the prayer on the ground that there was no government order in place issued by the Department of Higher Education for compassionate appointment.

The said order dated August 4, 2022 is not sustainable and accordingly the same is set aside in view of the judgments delivered by this Court in W.P.A. 23952 of 2022 (Sri Pritam Mallick vs. State of West Bengal & Ors.), WPA 5891 of 2023

(Shrimati Binapani Murmu Vs. The State of West Bengal & Others) and WPA 10489 of 2022 (Ashoke Patra Vs. The State of West Bengal & Others). Accordingly, this writ petition is disposed of with the following directions:

(a) The relevant College shall cause an enquiry to ascertain whether there is an existing financial crisis in the family of the petitioner within one month from date.

(b) If the enquiry report justifies a compassionate appointment in favour of the petitioner, the college shall recommend the petitioner's name for compassionate appointment and forward all the relevant documents and the enquiry report to the Director of Public Instruction, West Bengal for his approval within one week thereafter.

(c) The Director of Public Instruction shall take a decision with regard to the compassionate appointment of the petitioner within six weeks thereafter. The order should be communicated to the petitioner within seven days thereafter.

With the aforesaid directions, WPA 19144 of 2019 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.)