Sibani Sarkar vs The State Of West Bengal & Ors
2023 Latest Caselaw 4206 Cal

13.7.2023 ap

WPA 4838 of 2023

Sibani Sarkar Vs.

The State of West Bengal & Ors.

Mr. Ekramul Bari Mr. S.S. Mondal Sk. Imtiaj uddin ... For the petitioner.

Mr. Amitava Chaudhuri Mr. D. Basu ... For the University.

It has been submitted by the learned advocate

for the petitioner that though the petitioner's name for

compassionate appointment has been recommended

by the college before the Director of Public

Instruction, Government of West Bengal, till date no

steps have been taken by the said authority.

In the light of the judgment delivered in WPA

23952 of 2022 (Sri Pritam Mallick vs. State of

West Bengal and others) on July 12, 2023, this writ

petition 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 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.

The reasoned order should be communicated to

the petitioner within seven days thereafter.

With the aforesaid observations, WPA 4838 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.)