Soma Choudhury vs The State Of West Bengal & Ors
2023 Latest Caselaw 4802 Cal

07.8.2023 ap

WPA 18027 of 2023

Soma Choudhury Vs.

The State of West Bengal & Ors.

Mr. P.S. Deb Barman Mr. Golam Mohiuddin Ms. Puja Mondal ... For the petitioner.

Let the affidavit-of-service filed by the petitioner

be kept with the records.

It appears that the prayer of the petitioner for

compassionate appointment has been rejected by the

Director of Public Instruction, West Bengal, by an

order dated June 02, 2023 primarily on the ground

that there is no scheme in place for such

compassionate appointment.

It appears that the husband of the petitioner

was a Library Peon at Netaji Nagar College for Women,

Kolkata, who died in harness on February 08, 2008.

On earlier occasion this Court by an order

dated December 05, 2022, passed in W.P.A. 14695 of

2019 directed the Director of Public Instruction, West

Bengal, to consider the case of the petitioner in

accordance with law.

Following such order, the order impugned

dated June 02, 2023 has been passed by the Director

of Public Instruction.

In view of the judgment delivered in WPA

23952 of 2022 (Sri Pritam Mallick vs. State of

West Bengal and others), the order impugned dated

June 02, 2023 cannot be sustained. The said order is

accordingly set aside with the following directions:

The Director of Public Instruction, Government

of West Bengal, shall reconsider the case of the

petitioner for compassionate appointment within a

period of six weeks from the date of communication of

this order.

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 the 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.

A reasoned order should be communicated to

the petitioner within seven days thereafter.

With the aforesaid observations, WPA 18027 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.)