Calcutta High Court (Appellete Side)
Shrimati Binapani Murmu vs The State Of West Bengal & Ors on 24 April, 2023
Author: Kausik Chanda
Bench: Kausik Chanda
28 24-04-2023 AKG WPA 5891 of 2023 Ct. 238 Shrimati Binapani Murmu Vs. The State of West Bengal & Ors.
Mr. R. N. Mahato, Mr. Dilip Kumar Sadhu ...For the Petitioner Mr. Swpan Kr. Datta, Mr. Tapas Kr. Dey ...For the State Ms. Debjani Sengupta, Mr. Abhijit Chatterjee ...For Vidyasagar University I am of the prima facie view that the order dated January 2, 2023 is perverse and cannot be sustained. The six page order of the Director of Public Instruction has failed to consider the first proviso of Section 163 which makes it clear that even if a teaching staff of a college affiliated to the university dies in harness, his wife, son, daughter or dependant may be considered for compassionate appointment.
Regrettably, the order of the Director of Public Instruction is also beyond the scope of the order dated June 15, 2022 passed in the earlier round of writ petition. The Director of Public Instruction was required only to ascertain the financial condition of family of the deceased and consider the case of the compassionate appointment accordingly.
Ms. Sengupta, learned advocate for the Vidyasagar 2 University as well as Mr. Datta, learned senior advocate for the State both prays for time to file affidavit in opposition. Let such affidavits in opposition be filed within two weeks from date.
Ms. Sengupta submits that the instant case is covered by chapter IX of the Vidyasagar University, First Statute, 1983, which does not provide for compassionate appointment for the teaching post.
The principal of the college shall depute a competent officer to ascertain the financial condition of the petitioner's family and shall submit a report before this Court within two weeks from date.
List this matter after two weeks under the same heading.
(Kausik Chanda, J.)