Chowdhury Mousuf Kamal v. State Of West Bengal & Ros

20.03.2025.

PB Sl. No.30.

Ct. No.25.

WPA 21139 of 2018 Chowdhury Mousuf Kamal Vs.

The State of West Bengal & Ors.

Mr. Prabir Chatterjee, Ms. Adrija Chatterjee.

... For the Petitioner.

Ms. Sanghamitra Nandy, Mr. Rajaram Banerjee.

....For the State.

The affidavit of service filed in Court today is taken on record.

The order of the District Inspector of Schools (Secondary Education), Birbhum, dated March 16, 2018, is under challenge in the present writ petition. The subject matter of the case relates to the appointment of the petitioner on compassionate ground due to retirement of his father on the ground of medical invalidation of him.

The District Inspector of Schools (Secondary Education), Birbhum, has calculated the total family income of the petitioner inclusive of pension, dearness allowance and medical allowance, to be greater than the initial salary of a Group-D employee. Therefore, in accordance with the provisions under G.O. No.697-

ES/08 dated July 9, 2009, the D.I. has turned down the petitioner's prayer, finding the petitioner not eligible for grant of the benefit as prayed for. Mr.

Chatterjee, learned advocate for the petitioner has submitted that during pendency of the present writ petition, the said father of the petitioner breathed his last, that is, on May 13, 2021.

He submits that after the death of the petitioner, the family income of the petitioner becomes half, that what has been there after the said person had retired on the ground of medical invalidation. Therefore, according to the petitioner, there would not be any impediment for him to be considered for appointment of compassionate ground as the criteria "financial hardship" as provided under the G.O. No.697-ES/08 would be duly fulfilled now, in his case.

Let this matter be adjourned today and listed on 27th March, 2025, for further considerations. (Rai Chattopadhyay, J.)