High CourtsSingle Bench(2020) 01 CAL CK 0295

Pintu Mondal vs Director Of School Education & Ors

Calcutta High Court · Decided on 10 January 2020

HON’BLE JUDGES
Saugata Bhattacharyya, J
RESULT
Disposed Of
CASE NUMBER
Writ Petitions (WP) No. 5539 (W) Of 2018

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Judgment

28 paragraphs · 542 words

Saugata Bhattacharyya, J

The petitioner presents a writ application claiming appointment on compassionate ground due to untimely death of his father namely Sahadeb Mondal,

who was a Group â€"D staff of Chack Chatta Sashibhusan High School, Post Office â€" Raipur, District Sought 24 Parganas (hereinafter referred to

as the said school). The father of the petitioner died on 16th December, 2014 in harness which prompted the petitioner to approach the concerned

respondent authorities including the said school authority for taking necessary steps for appointing the petitioner on compassionate ground.

After the papers relating to claim of the petitioner for appointment on compassionate ground was processed the same were forwarded by the said

school authority to the Office of the District Inspector of Schools (SE), South 24 Parganas for taking necessary steps in accordance with the Rules

prevalent for offering appointment on compassionate ground. The concerned District Inspector of Schools ultimately upon scrutinizing the papers

found that the petitioner was entitled to be considered for appointment on compassionate ground and forwarded the case of the petitioner vide Memo

No. 267/D dated 29.08.2019 to the concerned authority of the School Service Commission (Southern Region).

The grievance of the petitioner is inspite of receipt of the necessary document from the office of the concerned District Inspect of Schools the

concerned authority of the School Service Commission (Southern Region) have not taken any steps for offering appointment to the petitioner by taking

necessary steps.

On the last occasion, after hearing the learned Advocates appearing for the parties this Court found that School Service Commission was not made

party in this writ petition and accordingly direction was given to add the School Service Commission as a party respondent upon amendment of the

cause title. As per the direction contained in the order dated 22nd November, 2019, steps were taken by the writ petitioner by adding the School

Service Commission as respondents for their representation before this Court on the next date of hearing. Today when the matter is called on affidavit

of service has been filed on behalf of the writ petitioner showing service upon the School Service Commission, which is kept with the record.

After hearing the learned Advocates appearing for the writ petitioner and the State respondents and in consideration of the Memo dated 29th August,

2019 whereby the District Inspector of Schools (SE), South 24 Parganas forwarded the claim of the writ petitioner to the Office of the School Service

Commission (Southern Region), the concerned authorities of the School Service Commission (Southern Region) is directed to take expeditious steps

for taking decision on the entitlement of the petitioner to be appointed on compassionate ground in view of death of his father in terms of the relevant

provisions of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-teaching Staff) Rules, 2009

within a reasonable period considering the availability of vacancy earmarked for appointment under compassionate ground. Decision taken as per

above directions is to be communicated to the petitioner.

Accordingly, with the above observation, the writ petitioner stands disposed of.

However, there shall be no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.