Calcutta High Court (Appellete Side)
Sudarshan Das vs The State Of West Bengal & Ors on 7 August, 2019
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
07.08.2019
M/L Item No.119
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W.P No. 15015(W) of 2019
Sudarshan Das
- Versus -
The State of West Bengal & Ors.
Mr. Soumyan Datta,
Mr. Debsoumya Basak
... For the petitioner
Affidavit-of-service filed by the petitioner be kept on record. No one
appears today on behalf of the State respondents and the College.
The learned advocate appearing for the petitioner submits that the petitioner's father was an approved Library Peon in Chanchal College (in short, the said college). He died-in-harness on 3rd May, 2010. To tide over the financial distress due to the loss of the sole bread-earner, the petitioner submitted an application for compassionate appointment on 29th May, 2010 to the teacher in- charge of the said college. The college authorities constituted an enquiry committee and the said enquiry committee recommended the petitioner's claim on 27th of March, 2012. Thereafter, the respondent no.2 sought for further documents from the college authorities by a memo dated 4th December, 2012. In response to the said memo, the teacher in-charge of the said college again forwarded the necessary documents to the respondent no.2 by a letter dated 13th September, 2013. Subsequent thereto, no steps were taken by the respondent no.2 though repeated reminders were issued. Aggrieved thereby, the petitioner has approached this Court.
2
No one appears on behalf of the State respondents and no instruction is forthcoming as to why the respondent no.2 has not taken any decision as regards the petitioner's claim.
Upon hearing the learned advocate appearing for the petitioner and upon considering the materials on record, I am of the opinion that no useful purpose will be served by keeping the writ petition pending and the issue needs to be relegated to the competent authority.
Accordingly, this Court directs the respondent no.2 to consider the petitioner's claim, as forwarded to the said respondent by the teacher in-charge of the said college vide memo dated 13th September, 2013 and to take a decision, in accordance with law, upon granting an opportunity of hearing to the petitioner and the college authorities and to communicate the decision to the petitioner.
The above exercise shall be completed within a period of 8 weeks from the date of communication of this order along with a copy of the writ petition.
With the above observations and directions, the writ petition is disposed of. There shall, however, be no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties on compliance of all formalities.
(Tapabrata Chakraborty, J.)