Research › Search › Judgment

Calcutta High Court · body

2016 DIGILAW 1013 (CAL)

Md. Yousuf Ali v. State of West Bengal

2016-12-15

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. The writ petitioner claims to have made an application for compassionate appointment on the death of his father, who died-in-harness on 2nd November, 2013. According to the petitioner his father, Ataur Rahaman, was an approved Assistant Teacher in a recognized Madrasah. The petitioner’s application for compassionate appointment was considered by the District Inspector of Schools (S.E.), Malda which appears at page 17 of the writ petition (Annexure P-2). The District Inspector of Schools (S.E.), Malda has recommended the name of the petitioner for appointment of the petitioner on compassionate ground as teacher. The West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of persons for Appointment and Transfer to the Posts of Teacher and non-teaching Staff) Rules, 2010 shows that the District Inspector of Schools shall forward the name with his recommendation to the Commission with an intimation to the applicant. This part of the rule has been complied with by the District Inspector of Schools. Since the District Inspector of Schools has forwarded his recommendation for employment on compassionate ground to the Chairman, West Bengal Madrasah Service Commission. The said Madrasah Service Commission is required to take follow up action in terms of sub-rule 8 of Rule 32 of the aforesaid Rules of 2010. 2. Mr. Usof Ali Dewan learned Counsel appearing for the West Bengal Madrasah Service Commission submits that necessary follow up action will be taken at the end of the Madrasah Service Commission. 3. Having heard the parties and having considered the materials disclosed before this Court, the Chairman, West Bengal Madrasah Service Commission, respondent no.5, is directed to act in terms of sub-rule 8 of Rule 32 as mentioned herein above and shall take follow up action on the basis of the recommendation made by the District Inspector of School (S.E.), Malda within a period of eight weeks from the date of communication of this order and shall communicate his order and/or decision to the petitioner. 4. With the aforesaid direction, the writ petition is disposed of.