Shabnam Parveen vs The State Of West Bengal & Ors
2023 Latest Caselaw 4801 Cal

07.08.2023
rc/ct.no.238
Item No.62

                                  WPA No. 17657 of 2023
                                    Shabnam Parveen
                                           Versus
                              The State of West Bengal & Ors.

                      Mr. Firdous Samim
                      Ms. Gopa Biswas
                      Ms. Mousumi Hazra
                      Ms. Payel Shome
                      Ms. Sampriti Saha                ...for the petitioner

                      Mr. Pulak Rajnaj Mondal
                      Mrs. Bandana Mondal
                      Mr. Subhrangshu Panda
                      Mrs. Ina Bhattacharyya
                      Ms. Mithu Singha Mahapatra             ...for the WBCSC

                      Mr. B.B.Mallick
                      Ms. Mrinalini Majumder                  ....for the State

                      Mr. Swapan Kr. Paul...for the respondent nos.4&5

It appears that the husband of the petitioner was

an Assistant Professor of Nabagram Amar Chand Kundu

College, Murshidabad. The college is affiliated with

Kalyani University. He died-in-harness on February 06,

2021. After his death his wife, the petitioner in this case

made a representation before the College Service

Commission as well as the Director for Public

Instruction, Department of Higher Education,

Government of West Bengal for her compassionate

appointment.

It is the grievance of the petitioner that her

representation before the Director for Public Instruction,

Department of Higher Education, Government of West

Bengal has not yet been considered. The petitioner's case deserves to be considered in view of the judgment passed

by this Court in WPA 23952 of 2022 (Sri Pritam

Mallick vs. State of West Bengal and others).

Accordingly this writ petition being WPA No. 17657

of 2023 is disposed of with a direction upon the Director

of Public Instruction, Government of West Bengal, to

consider the case of the petitioner for compassionate

appointment within a period of six weeks from the date of

communication of this order.

However, it is made clear that the Director of Public

Instruction shall not reject the case of the petitioner on

the ground that there is no scheme framed by the State

or by Kalyani University for compassionate appointment.

The Director of Public Instruction shall also not

reject the claim on the ground that the family of the

petitioner has received the terminal benefits subsequent

to the demise of the deceased employee.

The reasoned order should be communicated to the

petitioner within seven days thereafter.

With the aforesaid observations, WPA 17657 of

2023 is disposed of.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Kausik Chanda,J)