Shri Prabhat Kumar Das vs The State Of West Bengal & Ors
2023 Latest Caselaw 5895 Cal

04.09.2023

AKG WPA 19278 of 2023 Shri Prabhat Kumar Das Versus The State of West Bengal & Ors.

Mr. S. K. Pal, Mr. Sudeep Pal Choudhuri, Ms. Diya Nandi ...for the Petitioner Mr. Nilotpal Chatterjee, Mr. Satyaki Banerjee ...for Calcutta University

The petitioner seeks compassionate

appointment.

It is the case of the petitioner that the father of

the petitioner was a sweeper at Sarojini Naidu College

under the University of Calcutta.

The petitioner's father died in harness on

February 2, 2019. After his death, the petitioner has

made several representations before the college for her

appointment on compassionate ground.

It is the grievance of the petitioner that till date,

no steps have been taken by the college.

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), 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 petitioner within

one month from date.

(b) If the enquiry report justifies a

compassionate appointment in favour of

petitioner, the college shall recommend his 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 petitioner within six weeks

thereafter. The case of the petitioner should not

be rejected on the ground of absence of any

scheme for compassionate appointment or on the

ground that the petitioner's family has received

the terminal benefits after the death of petitioner's

father. The order should be communicated to

petitioner within seven days thereafter.

With the aforesaid directions, WPA 19278 of

2023 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.)