Kakali Das vs The State Of West Bengal & Ors
2022 Latest Caselaw 6259 Cal

   5
05.09.2022
  adeb




                               W.P.A. 1672 of 2012

                                 Kakali Das
                                        Vs.
                           The State of West Bengal & Ors.



                    Mr. Ekramul Bari
                    Mr. S.M. Ali
                    Sk. Imtiaj Uddin
                                              ...for the petitioner


                   The writ petition is taken up for consideration in

             presence of the learned advocate representing the

             petitioner. However, no one is representing the State-

             respondents today.

In the writ petition challenge has been thrown to

memo dated 29th May, 2010 issued by the District

Inspector of Schools (SE), Birbhum whereby claim of the

petitioner being the wife of the deceased headmaster of a

Government aided recognised high School was refused by

the concerned District Inspector of Schools being

respondent no. 3.

Petitioner's husband died-in-harness on 27th

December, 2006 and thereafter the petitioner being the

wife of the deceased headmaster made application for

grant of appointment on compassionate ground vide

letter dated 9th February, 2007. On receipt of such

application the respondent no. 3 by passing the

impugned memo dated 29th May, 2010 refused to grant

appointment in favour of the petitioner.

This Court has heard the learned advocate

representing the petitioner and perused the said memo

dated 29th May, 2010. Save and except the gross family

income of the deceased teacher was found to be higher

than the gross salary of the Group-D staff nothing has

been spelt out in the decision of the respondent no. 3

and the calculation based on which such finding was

made by the said respondent no. 3 has also not been

indicated. At first blush it appears that the order of the

respondent no. 3 is cryptic and devoid of reasons.

Accordingly, the decision of the respondent no. 3

as contained in memo dated 29th May, 2010 stands set

aside and this Court directs the Commissioner of School

Education, West Bengal to decide on entitlement of the

petitioner to be appointed on compassionate ground in

view of death of her husband in harness within a period

of 12 (twelve) weeks from the date of communication of

this order after granting opportunity of hearing to the

petitioner and the respondent no. 3 or his representative.

The Commissioner of School Education, West

Bengal is directed to pass a reasoned order and same to

be communicated to the petitioner within 1 (one) week

thereafter.

At the time of hearing the petitioner shall be at

liberty to rely upon all the relevant Government Orders

including the judgments delivered by this Court as well

as the Hon'ble Apex Court relating to appointment on

compassionate ground.

With the aforesaid direction, the writ petition

stands disposed of.

However, there shall be no order as to costs.

Learned advocate of the petitioner is granted leave

to add Commissioner of School Education, West Bengal

as additional respondent on amending the cause title in

course of this day.

Urgent photostat certified copy of the order, if applied

for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)