Golok Saha vs The State Of West Bengal & Ors
2023 Latest Caselaw 4195 Cal

13.7.2023
  ap
  49

                                WPA 12683 of 2023

                                  Golok Saha
                                       Vs.
                          The State of West Bengal & Ors.

                          Mr. Syed Shamsul Arefin
                          Ms. Kaniz Kulsum
                                      ... For the petitioner.

                          Mr. Nilotpal Chatterjee
                          Mr. Amrita Lal Chatterjee
                                        ... For the University.

                          Mr. Tapas Kr. Mandal
                                        ... For the State.

                          Mrs. Maheswari Sharma
                          Mrs. Tulika Banerjee
                                         ... For respondent no. 3.

The petitioner claims for compassionate

appointment. His father was a cashier at South

Calcutta Law College, who died in harness on June

16, 2015. At the time of his death, the petitioner was

aged about 16 years. On November 13, 2017 an

application was filed by the mother of the petitioner

for compassionate appointment of the petitioner.

It is the grievance of the petitioner that despite

repeated representations the college has not taken

any steps.

In view of the Judgment delivered on July 12,

2023 by this Court in W.P.A. 23952 of 2022 (Sri

Pritam Mallick vs. State of West Bengal & Ors.),

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 two

weeks 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.

(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.

However, it is made clear that the Director of

Public Instructions shall not reject the case of the

petitioner on the ground that there is no scheme in

place for compassionate appointment. It is further

made clear that the terminal benefits, if any, received

by the petitioner or his mother will also not be a ground

for rejection of the petitioner's case.

With the aforesaid observations, WPA 12683 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.)