Debjani Baral Mondal v. State Of West Bengal & ORS

15.02.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 24109 of 2019 (Via Video Conference) Debjani Baral Mondal -versus The State of West Bengal & Ors.

Mr. Ekramul Bari, Mr. Syed Mansur Ali, Ms. Tanuja Basak, Mr. Sk. Imtiaj Uddin.

...For the Petitioner.

Affidavit-of-service filed in Court today is taken on record.

The father of the petitioner was a teacher of a primary school. He died-in-harness on 4th December, 2013.

The petitioner has made an application for being appointed on compassionate ground on 30th January, 2015 and she alleges that the said application has not been considered by the respondent authorities till date. A notice demanding justice was made by the learned advocate for the petitioner in May 2019 and the same has also not been responded to by the respondent authorities.

As it appears that the prayer of the petitioner for being appointed on compassionate ground is pending

consideration at the end of the respondent authorities, accordingly, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.5 being the Chairman, District Primary School Council, North 24-Parganas to take a decision with regard to the application filed by the petitioner for being appointed on compassionate ground, strictly in accordance with law, at the earliest, but positively within a period of ninety days from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the application made for appointment on compassionate ground and the notice demanding justice filed on behalf of the petitioner to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)