Calcutta High Court (Appellete Side)
Vivekananda Das vs State Of West Bengal & Ors on 27 March, 2019
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
27.3.2019
68
AKD
W.P. 22255(W) of 2018
Vivekananda Das
-vs-
State of West Bengal & Ors.
Mr. Saibal Acharya,
Mr. Jakir Hossain
... for the Petitioner
Mr. Sanghamitra Nandy
... for the State
Mr. Rabindra Nath Pal,
Mr. Koustava Ratan Chatterjee
... for the Council
Affidavit of service filed by the learned Advocate for the petitioner in Court today be kept
on record.
Leave, as prayed for, is granted to the petitioner to implead the West Bengal Central
School Service Commission as party-respondent no. 11 in the writ petition here and now.
The petitioner has filed the present writ petition assailing the impugned order dated 21st May, 2018 passed by the Commissioner of School Education, West Bengal thereby directing the District Inspector of Schools (P.E.), Alipurduar as well as the District Inspector of Schools (S.E.), Alipurduar to act in terms of Para - 3 of the G.O. 559/ES/E dated 6th July, 2015.
Mr. Acharya, leaned Advocate appearing for the petitioner, submits that the petitioner's father died-in-harness on 25th September, 2010 when he was working as a Head Teacher in Raj Chandra Primary School. Immediately thereafter the petitioner along with his mother made a representation dated 7th September, 2012 for giving appointment on compassionate ground. On 24th May, 2013 the Secretary, District Primary School Council, Jalpaiguri called for the petitioner to appear in the interview on 29th May, 2013. Accordingly, the petitioner appeared in the interview. Thereafter, the petitioner's name was forwarded by the Chairman, District Primary School Council on 23rd July, 2014 to the Commissioner of School Education, West Bengal for according approval to the proposal for giving appointment to the petitioner on compassionate 2 ground. Since the Commissioner of School Education, West Bengal was sitting tight over the said proposal, therefore, the petitioner without finding any alternative earlier moved before this Hon'ble Court thereby filing a writ petition being W.P. No. 16831(W) of 2017. That writ petition was disposed of on 12th January, 2018 thereby directing the Commissioner of School Education, West Bengal to accord approval on the pending proposal for giving appointment on compassionate ground in accordance with law. By the impugned order dated 21st May, 2018, since the petitioner is not having the requisite qualification to get appointment as Assistant Teacher to any Primary School, therefore, the Commissioner of School Education, West Bengal directed the Chairman, District Primary School Council, Alipurduar and the District Inspector of Schools (P.E.), Alipurduar as well as the District Inspector of Schools (S.E.), Alipurduar to act in terms of Para - 3 of the G.O. 559/ES/E dated 6th July, 2015. Unfortunately, till date no steps has been taken by the Chairman, District Primary School Council, Alipurduar and the District Inspector of Schools (P.E.), Alipurduar as well as the District Inspector of Schools (S.E.), Alipurduar. Hence, the present writ petition.
Considering the submissions, as advanced by the learned Advocates for the parties, and after perusing the records, I direct the Chairman, District Primary School Council, Alipurduar to forward the petitioner's application before the District Inspector of Schools (P.E.), Alipurduar without any further delay, but positively within a period of ten days from the date of communication of this order. The District Inspector of Schools (P.E.), Alipurduar after receiving such application shall forward the same before the District Inspector of Schools (S.E.), Alipurduar within one week. The District Inspector of Schools (S.E.), Alipurduar after receiving such application shall take steps to forward the same before the Chairman, West Bengal Central School Service Commission for enlisting the petitioner's name for the post of Group 'C' or Group 'D' in any Secondary School under District - Alipurduar in accordance with law within two weeks.
With this direction, this writ petition is disposed of.
However, there will be no order as to costs.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. 3 ( Samapti Chatterjee, J.)