(Ab) vs The State Of West Bengal & Ors
2022 Latest Caselaw 869 Cal

Court No. 24                      W.P.A. 2504 of 2022
25.02.2022                       (via video conference)
(Item No. 50)
                                      Shouvik Patra
(AB)                                       VS
                             The State of West Bengal & Ors.

                     Mr. Biswarup Biswas
                     Mr. Abhijit Basu
                                        ...... for the petitioner



                       Leave is granted to the learned advocate on record

                of the petitioner to implead the District Inspector of

                Schools (Primary Education), Purba Medinipur as party

                respondent.

The formality of service of copy of the writ petition

upon the said respondent stands dispensed with as the

copy of the writ petition has already been served in the

office of the learned Government Pleader representing all

the State respondents.

The petitioner prays for compassionate

appointment. His father was a Primary School Teacher

who died in harness on 27th December, 2018. The

petitioner made an application for compassionate

appointment on 22nd December, 2020. The prayer of the

petitioner stood rejected by the order of the District Inspect

of Schools (Secondary Education), Purba Medinipur on 29th

November, 2021. The petitioner being aggrieved by the

same filed the present writ petition.

The petitioner assails the impugned order of

rejection on two grounds. First, the jurisdiction of the

authority to pass such an order and second, the method in

which the family income of the petitioner has been

assessed.

It has been submitted that the father of the

petitioner was a Primary School Teacher and according to

the provisions of the West Bengal Primary School Teacher

Recruitment Rules, 2001 as amended up to date the

District Inspect of Schools (Primary Education) is the

competent authority to take a decision with regard to

consideration of the application of the petitioner on

compassionate ground.

Rule 21 of the West Bengal School Service

Commission (Selection of Persons for Appointment to the

post of Non-Teaching Staff) Rules, 2009 mentions that the

School Service Commission, may subject to the other

provisions of this Rule recommend the name of a member

of the family of the Primary Teacher to the post of Clerk or

Group D staff on compassionate ground, when the name of

the family member is forwarded from the District Inspect of

Schools (Primary Education) concerned observing the

formalities specified in Rule 20.

In the present case, the impugned order has been

passed by the District Primary School Council (Secondary

Education) who did not have any role at the time of

consideration of the application made by the petitioner.

With regard to the computation of family income it

has been submitted that according to Schedule V of Rules

20 and 21 of the aforesaid Rules relating to the procedure,

manner of application and preparation of panel for

appointment on compassionate ground "Financial

hardship" in relation to income of a deceased teacher

consisting of up to five members in his family, shall mean

an amount of income less than the initial gross salary of

Group 'D' staff of the State Government at the material

point of time. For computation of income of such family,

an income of an amount earned by each family member

from any other sources than Provident Fund, Gratuity and

40% of Family Pension of the first seven years or upon the

attainment of 67 years of age of the deceased teacher had

he been alive, whichever is earlier at the material point of

time shall be taken into account.

It has been submitted that the family income that

has been computed was not in accordance with the

aforesaid provision.

None appears on behalf of the State respondents

despite service.

Prima facie, it appears that the District Inspector of

Schools (Secondary Education) ought not to have decided

the issue since the service relates to a Primary School

Teacher. The family income also apparently appears not to

have been computed in the manner as provided in the

Rules.

In view of the above, the impugned order of

rejection dated 29th November, 2021 is set aside. The

matter is remanded back to the District Inspector of

Schools (Primary Education), Purba Medinipur to consider

the matter afresh, strictly in accordance with the relevant

Rules at the earliest, but positively within a period of ten

weeks from the date of communication of a copy of this

order.

The said respondent shall pass a reasoned order

and communicate the same to the petitioner immediately

thereafter.

The writ petition stands disposed of.

Urgent certified photo copy of this judgment, if

applied for, be supplied to the parties expeditiously on

compliance of usual legal formalities.

(Amrita Sinha, J.)