Calcutta High Court (Appellete Side)
Ipsita Chakrabarti vs The State Of West Bengal & Ors on 20 April, 2015
1 20.04.2015
W.P. 5419(W) of 2015 ss Ipsita Chakrabarti Vs. The State of West Bengal & ors.
Mr. Amal Baran Chatterjee Mr. Tanmoy Chowdhury ....For the petitioner Mr. Kamalesh Bhattacharya ... For the Council Mr. Saugata Bhattacharya ... For the State The subject-matter of challenge is the impugned order of refusal dated 6th December, 2010 passed by the Chairman, Paschim Medinipur District Primary School Council, to approve the claim of the petitioner for appointment on compassionate ground under die- in-harness category allegedly on the ground that the family income is greater than the initial gross salary of Group 'D' employee.
Mr. Chatterjee, learned Counsel appearing for the writ petitioner submits that a cryptic order was passed. No proper reason is disclosed. However, he submits the reason for rejection is not at all sustainable. What is the initial salary, what is family income of the petitioner is not recorded. He submits there are catena of decisions by this Hon'ble Court wherein it was held penury condition is not at all the sole ground for considering the employment in die-in-harness category.
Mr. Bhattacharya, learned Counsel appearing for the Council submits that the mother of the writ petitioner is a secondary school teacher. Therefore, the matter should be considered by the District Inspector of Schools, Secondary Education.
Considered the submissions made by the learned Counsel appearing for the parties. It appears that the order passed by the Chairman, Paschim Medinipur District Primary School Council has no jurisdiction over the matter. Therefore, the order impugned is set 2 aside. The District Inspector of Schools, Secondary Education, Paschim Medinipur, is directed to consider the matter taking a fresh view and also upon giving an opportunity of hearing to the petitioner or his authorised representative giving him opportunity to show all relevant judgements and documents in his favour.
The concerned District Inspector of Schools is to pass a reasoned order by six weeks from the date of communication of this order and to communicate the same by two weeks from the date of passing such order.
The writ petition is, thus, disposed of. There would be no order as to costs.
(Ashoke Kumar Dasadhikari, J.)