Calcutta High Court (Appellete Side)
Debasish Jena vs The State Of West Bengal & Ors on 16 November, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
1.2017
ks W.P. 17303(W) of 2017
Debasish Jena
Vs.
The State of West Bengal & Ors.
Mr. Ramdulal Manna,
Mr. Basudeb Bag,
Ms. Monika Sinha
... For the Petitioner.
Mr. Soumitra Mukherjee,
Ms. Nandita Baksi
... For the State.
Mr. Milan Kumar Maity
... For the Respondent No.4.
The petitioner files the present writ petition for according approval to the petitioner's appointment as Laboratory Attendant of Acharya Jagadish Chandra Bose College on compassionate ground when his father died-in-harness on 13th January, 2010 working as Skilled Laboratory Attendant. Immediately thereafter the petitioner was given appointment on compassionate ground by the college authority on 31st August, 2010 as Laboratory Attendant. Thereafter on 24th May, 2012, 10th October, 2012 and 12th December, 2013 the governing body of the college authority took resolution to send the petitioner's name for according approval to the Director of Public Instruction, Government of West Bengal, the respondent No.2 herein. Unfortunately, till date no step has been taken by the Director of Public Instruction, Government of West Bengal. Hence, the present writ petition.
Mr. Manna, learned Advocate appearing for the petitioner submits that since the date of the joining of the petitioner, he has been performing his duties without any break as Laboratory Attendant of the said college, the respondent 2 No.3 herein. Mr. Manna further summits that the respondent authority is under an obligation to accord approval in respect of the petitioner's appointment. In support of his contention, Mr. Manna relies on an order passed in WP 16658(W) 2014 (Suresh Das vs. State of West Bengal & Ors.). Mr. Manna also submits that pursuant to that order of Hon'ble court the petitioner of that writ petition was given appointment on compassionate ground by the Director of Public Instruction, Government of West Bengal, Education Department on 24th May, 2016. The extract of the said order is quoted below:
The State authorities are represented.
The reasoned order dated February 6, 2014 has been proceeded on the basis that Calcutta University does not have a policy for appointment on compassionate ground in the died in harness category.
Chapter 13 of the First Stature of Calcutta University, 1979 relates to terms of employment. Statues 6A contemplate on compassionate appointment in the died in harness category.
In such circumstances, the impugned order is set aside. The director of Public Instructions is directed to consider the application for compassionate appointment in the died in harness category in accordance with such First Statute as also in accordance with law afresh. It is expected that the entire exercise would be completed within four weeks from the date of communication of this order.
Mr. Mukherjee learned Advocate appearing for the State respondents on instructions submits that there is no provision to give appointment on compassionate ground in the die-in-harness category. Therefore, the question of according approval in respect of the petitioner's appointment on compassionate ground does not and cannot arise. Mr. Mukherjee further submits that till date no policy has been taken by the Government to that effect. Considering the submissions as advanced by the learned Advocate appearing for the parties and after perusing the records and also the order passed in WP 3 16658(W) 2014 (Suresh Das vs. State of West Bengal & Ors.) I find that under Chapter 13 of the First Statute of Calcutta University, 1979 relates to terms of employment. Statures 6A contemplate on compassionate appointment in the died-in-harness category. Therefore, I direct the respondent No.2, the Director of Public Instruction, Government of West Bengal to consider and take a decision in respect of the petitioner's representation for according approval to the petitioner's appointment on compassionate ground as Laboratory Attendant to the said Acharya Jagadish Chandra Bose College within eight weeks from the date of communication of this order after giving an opportunity of hearing to the petitioner or his auhorised representative and college authority and thereafter communicate the decision to the parties within one week. Needless to mention at the time of taking decision, the respondent No.2, the Director of Public Instruction, Government of West Bengal will also take into account the order dated 8th March, 2017 passed in WP 16658(W) 2014 (Suresh Das vs. State of West Bengal & Ors.) supra as well as Chapter 13of First Statute of Calcutta University, 1979 which relates to condition of employment as well as Statutes 6A which deals with compassionate appointment in the died-in-harness category.
The petitioner is directed to produce the order dated 8th March, 2016 passed in WP 16658(W) 2014 (Suresh Das vs. State of West Bengal & Ors.) at the time of hearing and other relevant Statues of the Calcutta University. With these directions, the writ petition is disposed of. There will be no order as to costs.4
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
( Samapti Chatterjee, J. )