Milani Rava v. The State Of West Bengal And ORS

March 19, 2021.

AKG CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri WPA 663 of 2021 (Through Video Conference) Milani Rava -vs.- The State of West Bengal & Ors.

Mr. S. M. Obaidullah ....for the Petitioner.

Mr. Deborshi Dhar ...for the District Primary School Council.

Mr. Hirak Barman, Mr. Momenur Rahman.

...for the State.

The writ petitioner prays for her compassionate appointment on death of her husband who was a Headmaster in Barasalbari A.P.

School under Tufanganj-II Circle, Coochbehar. He died in harness on January 9, 2011, at the age of 41 years.

The petitioner made an application before the concerned Sub-Inspector of Schools on March 16, 2011, for her compassionate appointment. Following such request, the petitioner was asked to appear for interview on September 24, 2013 by the Chairman of the District Primary School Council, Coochbehar. As no further steps were taken by the respondents, the petitioner again on January 11, 2021, made a

representation before the respondent authorities for her compassionate appointment.

Thereafter the Joint Secretary, Govt. of West Bengal, School Education Department, by a communication dated 25th January, 2021, sought for a detailed report with regard to the compassionate appointment of the petitioner from the District Inspector of School (Primary Education), Coochbehar. It is the case of the petitioner that she is still in dark as to the fate of her prayer for appointment. Mr. Deborshi Dhar, learned advocate appearing for the District Primary School Council, submits that on 24th September, 2013, the concerned Primary School Council forwarded all the relevant records pertaining to the appointment of the petitioner before the Director of School Education (Primary) and thereafter no response was received by them from the said authority. Mr. Hirak Barman appears for the State.

Since the application of the petitioner for compassionate appointment has been kept pending for a long period of time which defeats the very purpose of compassionate appointment, this writ petition is disposed of with the following direction:

The District Inspector of School (Primary Education), Coochbehar will forward all necessary documents and reports relating to appointment of the petitioner to the Joint Secretary, School Education Department, Elementary Education Branch, Govt. of

West Bengal, the respondent no. 2 within a period of two weeks from date, if such report has not already been sent.

Upon receipt of such report, the Joint Secretary, Govt. of West Bengal will take a decision with regard to the compassionate appointment of the petitioner within a period of four weeks. Such decision shall be communicated to the petitioner within a period of one week from the date of taking such decision.

Accordingly, W.P.A. 663 of 2021 is disposed of. (Kausik Chanda, J.)