Kamal Pradhan Mahanta v. The State Of West Bengal And ORS

22.05.2024 Ct. 3 RS

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side WPA 1032 of 2024 Kamal Pradhan Mahanta

Versus

The State of West Bengal and Ors.

Mr. Sanjay Mazoomdar, Adv.

Ms. Sukanya Adhikary, Adv.

Mr. Rahul Ghatak, Adv.

... for the petitioner Mr. Hirak Barman, Adv.

Mr. Kumar Shantanu, Adv.

... for the respondent nos. 1, 2 and 5 to 8 Mr. Sanjay Mzoomdar, learned counsel, is appearing for the petitioner. Mr. Kumar Shantanu, learned counsel, is appearing for the respondent nos.1, 2 and 5 to 8. None appears on behalf of the respondent nos. 3 and 4.

Counsel for the petitioner submits that the mother of the petitioner was working as Assistant Teacher and during her service tenure she died in harness on 17th September, 2017. After the death of the mother of the petitioner, the petitioner has made an application on 24th January, 2018 before the Chairman, DPSC, Cooch Behar for appointment on compassionate ground. On receipt of the request, the concerned authorities had taken appropriate steps

and on 12th October, 2018, the Assistant Secretary, West Bengal Regional School Service Commission issued the notice to the petitioner for verification and counseling of the candidate for recommendation of Group D post. The petitioner submits that as per the said notice the petitioner had attended the said verification and counseling. Thereafter, on 20th June, 2019 the said authority had again issued a notice directing the petitioner to inform whether the petitioner has married or not and if he is married whether his wife is having any occupation or not. In response to the said notice, the petitioner has also submitted that the petitioner is married and the wife is housewife and is not having any source of income. After receipt of the reply the authority has not given any reply till date and the said matter is pending before the concerned authority.

Learned counsel for the respondent nos.1, 2 and 5 to 8 submits that on receipt of the application submitted by the petitioner, the school authority has already taken steps and forwarded all the documents to the concerned authority for taking appropriate steps.

Considered the prayer made by the counsel for the respective parties. Perused the materials on record.

This Court finds that the authorities have taken appropriate steps for appointment of the petitioner on compassionate ground but after the verification, no final order has been passed.

In view of the above, this Court finds that no purpose would be served by keeping the writ petition pending. Accordingly, the West Bengal Regional School Service Commission, the respondent nos. 3 is directed to take appropriate decision with regard to the appointment of the petitioner on compassionate ground and to communicate the petitioner within a period of four weeks from the date of receipt of this order.

In view of the above, WPA No. 1032 of 2024 is disposed of.

(Krishna Rao, J.)