Sri Anirban Banerjee @ Anirban ... vs The State Of West Bengal & Ors
2023 Latest Caselaw 3313 Cal

     20
  sandip
  Ct. 18
10.05.2023
                          W.P.A. 9630 of 2023

                Sri Anirban Banerjee @ Anirban Bandyopadhyay
                                Vs.
                  The State of West Bengal & Ors.

                Mr. Subrata Ghosh,
                Mr. Mahadeb Khan                ... For the petitioner.

                Mr. Biswabrata Basu Mallick,
                Mr. Shayak Chakraborty                ... For the State.

                Dr. Sutanu Kumar Patra,
                Ms. Supriya Dubey                ... For the WBCSSC.


                Affidavit-of-service filed on behalf of the petitioner be

             kept with the record.

                The father of the petitioner was an Assistant Teacher of

             a secondary school, while in service he died on June 08,

             1988.

                The   widow   of     the   deceased   teacher   applied   for

             compassionate appointment, but was twice found not

             eligible for such appointment.

                The petitioner upon attaining majority applied for such

             appointment and was called in the interview, but the result

             of the said interview since was not communicated to him,

             he filed a writ petition being W.P.A. 5375 of 2021.

                A co-ordinate Bench of this Court by the judgment and

             order dated March 19, 2021 though had dismissed the said

             writ petition on the ground of delay but directed the

             District Inspector of Schools (SE), Hooghly, the respondent

no. 5, herein to consider the representation of the

petitioner dated November 27, 2020 in accordance with

law.

The respondent no. 5, in terms of the existing rules send

the said representation for consideration to the competent

authority, the West Bengal Regional School Service

Commission, Eastern Region - Purba Bardhaman, the

respondent no. 4 herein.

The Secretary of the respondent no. 4 vide its order

bearing Memo No. 149/RSSC (ER)/ BDN/2022 dated July

05, 2022 has refused to recommend the name of the

petitioner for appointment under died-in-harness category

on compassionate ground in view of the restriction of the

Notification bearing G.O. No. 697-ES/S/IS-18/8 dated July

09, 2009.

The aforesaid order is under challenge in the instant

writ petition.

Paragraph 20 of the said notification dated July 09,

2009 read with Schedule V appended thereto mandate

that the appointment on the died-in-harness category is

required to be made within two years from the date of

death of the concerned employee.

The delay of more or less 35 years in this case is fatal as

such there is no reason to interfere with the order

impugned, accordingly W.P.A. 9630 of 2023 is, therefore,

dismissed, there shall be however no order as to costs.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Biswajit Basu, J.)