Bishal Chandra Das v. The State Of West Bengal And ORS.

12.06.2025

IN THE HIGH COURT AT CALCUTTA

Sl. No.6 CIRCUIT BENCH AT JALPAIGURI akd W. P. A. 1194 of 2025 [Bishal Chandra Das -Vs- The State of West Bengal & Ors.] Mr. S. M. Obaidullah Ms. Ankita Dey ... ... for the petitioner Mr. Amales Ray .. Sr. Advocate Mrs. Mousumi Bhowal Ms. Debashree Biswas ... ... for respondent no. 7 [DPSC, Cooch Behar] Mr. Hirak Barman Ms. Patralekha Choudhury ... ... for the State 1.

The petitioner has preferred the present writ petition alleging inaction on the part of the respondent authorities in failing to consider and dispose of his representation dated 27.01.2025 seeking compassionate appointment. 2.

It is the case of the petitioner that his father, who was serving as an Assistant Teacher at Rasikbill No.2 Junior Basic School, passed away on 11.09.2024 while in service, leaving behind the petitioner, his mother, and his sister. Immediately after the unfortunate demise of his father, the petitioner, being one of the legal heirs of the deceased employee, submitted an application on 04.12.2024, praying for compassionate appointment as an Assistant Teacher under the Baxirhat Circle. The application was accompanied by 'No Objection Certificates' from the other legal heirs of the family and was submitted before the competent authority. However, despite repeated follow-ups and reminders, no decision has been taken with regard to the petitioner's application/representation for compassionate appointment..

3.

Learned Advocate for the respondent no.7 submits that the respondent no.7 is ready and willing to decide the petitioner's representation dated 27.01.2025 for compassionate appointment.

4.

In view of the submission made by the learned Advocate for the respondent no.7, learned counsel for the petitioner submits that petitioner shall be satisfied if the representation dated 27.01.2025 is decided in a time bound manner by the competent authority.

5.

Accordingly, this Court directs the Chairman, District Primary School Council, Cooch Behar (respondent no.7), to consider and decide the petitioner's representation dated 27.01.2025 by passing a reasoned and speaking order within a period of eight weeks from the date of communication of this order, after affording the petitioner an opportunity of personal hearing.

6.

With the aforesaid directions, the present writ petition is disposed of.

7.

There shall be no order as to costs.

8.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

9.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Gaurang Kanth, J.)