Calcutta High Court (Appellete Side)
Subhra Ketan Halder vs State Of West Bengal & Ors on 20 April, 2022
20.04.2022
Sl. 13 (Via Video Conference)
Amalranjan
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
FMA/834/2015
Subhra Ketan Halder
Vs.
State of West Bengal & Ors.
Mr. Debabrata Ray
Mr. Gazi Faruque Hossain
Ms. Priyanka Mondal
Mr. Soumik Mondal
Ms. Sarbani Mukhopadhyay
...for the appellant/
writ petitioner
Mr. Supriyo Chattopadhyay
Mr. Sabyasachi Mondal
...for the State
The first writ, by the writ petitioner filed in
2007, was disposed of by this court on 11th
September, 2013 by directing the Secretary,
Regional School Service Commission (Southern
Region) to consider his prayer for compassionate
appointment on the death of his father on 10th
January, 1993.
It was sent to the Secretary for
consideration. On 9th January, 2014, he
declined to do so on the ground that he could
only recommend candidates under the died-in-
harness category for the posts of clerk, group 'D'
staff only and not for a teaching post.
This administrative order of 9th January,
2014 was challenged in this writ.
The learned single judge has rejected it on
the ground that since the appellant/writ
petitioner has been able to survive "for more
than two decades since the death of a father" his
appointment on compassionate ground was not
considered necessary, as he did not belong to the
exceptional category.
The appellant/petitioner appeals from this
order.
On appreciation of the prima facie case of
the appellant/writ petitioner this court by its
order dated 11th September, 2013 had remitted
the matter to the Secretary, Regional School
Service Commissioner for consideration of his
case. The Secretary did not consider the case on
merits at all. He rejected it on a technical
ground that he had no power to make the
recommendation. When the court had vested the
power in him, we do not understand why he
relinquished that power or ruled that he suffered
from absence of power to decide the issue.
On the said judgment and order dated 11th
September, 2013 being pronounced in the first
writ at least one point or issue became finally
decided between the parties. It was that the
appellant/petitioner had a prima facie case for
consideration by the government. When the
instant writ application was filed, in our view,
this court ought not to have disregarded this
factor and taken the view that by passage of
time, the appellant/petitioner was not entitled to
compassionate appointment. It could have been
better to refer the case to the authority, which
had the power to make the recommendation.
In those circumstances, we are of the view
that the case of the appellant/petitioner deserves
consideration on merits.
We direct the Chief Secretary of the State of
West Bengal to forward this judgment and order
to the appropriate authority to make
recommendation for appointment on
compassionate ground in terms of the
application for compassionate appointment
made by the appellant/petitioner.
The Chief Secretary will forward the
application to the said authority within two
weeks of communication of this order.
The appropriate authority shall arrive at a
reasoned decision after giving a short hearing to
the interested parties within three months of the
receipt of the communication from the Chief
Secretary.
The impugned judgment and order dated
8th August, 2014 is set aside.
The appeal is allowed.
( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )
