Samaresh Das vs State Of West Bengal & Ors on 30 June, 2016
Mr. Chatterjee, 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. Chatterjee further submits that till date
no policy has been taken by the Government to that effect.
3
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
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 Bearer/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.