Calcutta High Court (Appellete Side)
Sk. Sariful Hasan vs The State Of West Bengal & Ors on 5 June, 2017
Author: Arijit Banerjee
Bench: Arijit Banerjee
1
123 05.06.17 WP 806(W) of 2017
suman
Ct.36
Sk. Sariful Hasan
Versus
The State of West Bengal & ors.
Mr. Gautam Banerjee
..... for the Petitioner
Mr. Amrita Sinha
..... for W. B. Madrasah Service Commission
Affidavit of service filed in Court today be kept with
the record.
Leave is granted to the petitioner to add the West
Bengal Madrasah Service Commission as a party
respondent to the writ petition.
Ms. Sinha, learned Counsel represents the Madrasah Service Commission.
The petitioner submits that his father was a Group-D staff in the concerned Madrasah. He retired after being found to be permanently incapacitated. The petitioner made a representation to the authorities for appointment on compassionate ground. By an order dated 7th September, 2016 passed in W.P.18199 (W) of 2016 the Hon'ble Justice Sahidullah 2 Munshi granted liberty to the petitioner to make a detailed representation to the appropriate authority which was directed to take a reasoned decision in the matter. This was in view of the fact that at that point of time by an order passed by the Division Bench of this Court in MAT 473 of 2014, the functioning of the Madrasah Service Commission stood suspended. The petitioner made a representation which was disposed of by the Director of Madrasah Education, West Bengal by an order dated 27th October, 2016. This order is under challenge in the present writ petition.
By the said order, the Director of Madrasah Education held that he was not the appropriate authority to consider the matter of granting compassionate appointment to the petitioner. The Director of Madrasah Education also referred to the Division Bench order of this Court in MAT 473 of 2014. He also referred to the interim order of stay of the order of the Hon'ble Division Bench, granted by the Hon'ble Supreme Court in SLP which is still pending before the Hon'ble Supreme Court.
Having heard the learned Counsel for the parties I 3 am of the view that since the order of the Hon'ble Division Bench of this Court in MAT 473 of 2014 has been stayed by the Hon'ble Supreme Court by way of an interim order, the functioning of the Madrasah Service Commission stands revived and the Commission is the appropriate authority to consider the matter for appointment of the petitioner on compassionate basis. Accordingly, the petitioner is granted liberty to make a fresh and comprehensive representation supported by all necessary documents to the West Bengal Madrasah Service Commission being the added respondent within a period of a fortnight from date. The Service Commission shall take a reasoned decision on such representation in accordance with applicable rules / regulations / circulars / notifications, if any, within a period of four weeks from the date of receipt of the representation after giving an opportunity of hearing to the petitioner or his authorized representative. The decision so taken by the Madrasah Service Commission shall be communicated to the petitioner within a period of ten days from the date of the decision. I have not gone into the merits of the petitioner's claim.
4Since no affidavit-in-opposition has been invited, allegations contained in the writ petition are deemed not to be admitted.
W. P. 806(W) of 2017 is, accordingly, disposed of. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties on usual undertakings.
( Arijit Banerjee, J. )