Biswa Sharma vs The State Of West Bengal & Ors
2023 Latest Caselaw 5074 Cal

16.08.2023 Item No.165

AKG WPA 19144 of 2019 Biswa Sharma Vs.

The State of West Bengal & Ors.

Mr. Satyajit Mondal, Mr. Amar Nath Sen, Mr. Molay Dhar ...for the Petitioner

It appears that the father of the petitioner was a

Group-D employee at Fakir Chand College, Diamond

Harbour. He died in harness on July 5, 2000. After

his death, the college appointed the petitioner to a

Group-D post on February 10, 2010. Thereafter the

college sought approval from the Director of Public

Instruction, West Bengal by various letters.

Ultimately, by the order impugned dated April 19,

2017, the Deputy Secretary, Higher Education

Department, Science & Technology and Bio-

Technology, College Sponsored Branch rejected the

prayer on the ground that there was no government

order in place issued by the Department of Higher

Education for compassionate appointment.

The said order dated August 4, 2022 is not

sustainable and accordingly the same is set aside in

view of the judgments delivered by this Court in

W.P.A. 23952 of 2022 (Sri Pritam Mallick vs. State

of West Bengal & Ors.), WPA 5891 of 2023

(Shrimati Binapani Murmu Vs. The State of West

Bengal & Others) and WPA 10489 of 2022 (Ashoke

Patra Vs. The State of West Bengal & Others).

Accordingly, this writ petition is disposed of

with the following directions:

(a) The relevant College shall cause an

enquiry to ascertain whether there is an existing

financial crisis in the family of the petitioner

within one month from date.

(b) If the enquiry report justifies a

compassionate appointment in favour of the

petitioner, the college shall recommend the

petitioner's name for compassionate appointment

and forward all the relevant documents and the

enquiry report to the Director of Public

Instruction, West Bengal for his approval within

one week thereafter.

(c) The Director of Public Instruction shall

take a decision with regard to the compassionate

appointment of the petitioner within six weeks

thereafter. The order should be communicated to

the petitioner within seven days thereafter.

With the aforesaid directions, WPA 19144 of

2019 is disposed of.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties expeditiously

on compliance of usual legal formalities.

(Kausik Chanda, J.)