Calcutta High Court (Appellete Side)
Kamal Roy vs The State Of West Bengal & Ors on 20 June, 2011
Author: Biswanath Somadder
Bench: Biswanath Somadder
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06.11
PP)
W. P. No. 20883 (W) of 2010
Kamal Roy
Versus
The State of West Bengal & Ors.
Mr. Rajarshi Chatterjee
.......for the petitioner.
Mr. Amalesh Roy,
Mr. Rakeswar Dey Sarkar
......for the Council.
Mr. Kamalesh Bhattacharyya, A.G.P.-II,
Mrs. Bratati Dutta (Roy Chowdhury)
.......for the State.
Bureaucratic apathy and sheer non-application of mind by government
officers constitute the bedrock of the instant writ petition.
Briefly stated, the facts are as follows :-
The writ petitioner's father was a primary school teacher under the District
Primary School Council, Cooch Behar, who died-in-harness on 9th January,
2005. Consequent upon the death of his father, the writ petitioner made an
application before the authorities seeking appointment on compassionate ground
under the died-in-harness category. Subsequently, the Chairman, District
Primary School Council, Cooch Behar, vide memo No.3181 dated 31st October,
2006, sent the proposal for appointment of the petitioner on compassionate
ground to the office of the Director of School Education, West Bengal. The
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Director of School Education, West Bengal, finally took a decision on that
proposal on 7th May, 2008, by rejecting it on the ground that the family was not
in distress. No other explanation appears in the memo dated 7th May, 2008, as to
the basis on which the Director has come to such a conclusion.
In the facts of the case as elucidated above, it appears that although the
writ petitioner's father died-in-harness on 9th January, 2005, the proposal for
writ petitioner's appointment on compassionate ground under the died-in-
harness category was rejected by the Director of School Education, West Bengal,
on 7th May, 2008, i.e., more than three years after the date of death of the writ
petitioner's father.
It is not in dispute that the writ petitioner made his application seeking
appointment on compassionate ground under the died-in-harness category well
within the statutory time frame prescribed under Rule 14 of the Recruitment
Rules. The concerned authorities did not take any decision in the matter for over
three years. No explanation, whatsoever, is forthcoming either from the office of
the Chairman, District Primary School Council, Cooch Behar, or from the office of
Director of School Education, West Bengal, as to what these two respondent
authorities were doing for over three years in respect of the petitioner's application for appointment on compassionate ground. The Chairman of the concerned Council forwarded the proposal of the writ petitioner as late as on 31st October, 2006, to the office of the Director of School Education, West Bengal, and the Director's office took almost two years to take a decision in respect of such proposal of the Chairman. The rejection of the proposal by the Director of School 3 Education, West Bengal, also, is terse and cryptic. No explanation has been given in the memo dated 7th May, 2008, as to the basis on which the office of the Director of School Education came to a conclusion that the family of the deceased employee was not in distress.
In such circumstances, the memo dated 7th May, 2008, in so far as it relates to the writ petitioner, is liable to be set aside and quashed and is accordingly set aside and quashed. The Director of School Education, West Bengal, is directed to revisit the proposal dated 31st October, 2006, of the Chairman, District Primary School Council, Cooch Behar, regarding appointment of the writ petitioner on compassionate ground under the died-in-harness category and take a decision in the matter supported with cogent reasons. Such decision shall be taken by the Director of School Education, West Bengal, as expeditiously as possible, preferably within a period of four weeks, but not later than five weeks from date of communication of a photostat certified copy of this order.
The writ petition stands disposed of accordingly.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)