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2016 DIGILAW 783 (CAL)

Ishanshu Banerjee v. State of West Bengal

2016-10-03

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. Affidavit of service, filed in Court today, be taken on record. 2. The petitioner has stated in the writ petition that his father Ashim Kumar Bandopadhyay was a Headmaster in the Dogachhia Prathamik Vidyalaya (JW-38) under Roshidpur Gram Panchayat in the district of Hooghly. The petitioner’s father while in service died on 30th May, 2013. As per policy of the government for making appointment on compassionate ground within certain period of time, the mother of the petitioner made application to the Chairman, Hooghly District Primary School Council for appointment in a suitable post according to the qualification of his son. Last paragraph of the said application being Annexure P-2 made on 13th August, 2014 is important for the purpose of consideration. The said application was taken up by the Hooghly District Primary School Council and by a letter dated 4th February, 2015 the Chairman, Hooghly District Primary School Council forwarded the name to the Commissioner of School Education, West Bengal being Annexure P-4 to the writ petition. The Commissioner of School Education thereafter considered the matter in detail and has held that since the petitioner does not possess the requisite qualification for appointment as primary teacher the case of the petitioner could not be considered but the prayer may be considered as per the G.O. No. 559/ES/E dated 6th July, 2015. 3. Learned Counsel appearing for the State submits that since the petitioner does not possess the requisite qualification and since the mother of the petitioner approached for appointment to a post according to her qualification, the Chairman, Hooghly District Primary School Council ought to have considered the said application and suggested for her appointment as a Group-D staff, which is possible according to the Government Order No. 559/ES/E/4A-45/13 dated 6th July, 2015 being Annexure P6 to this writ petition. 4. Having heard the learned Counsel for the parties, the Chairman, Hooghly District Primary School Council is directed to make a fresh consideration of the petitioner’s application which was made on 13th August, 2014 for appointment on compassionate ground. After consideration is made, the same should be forwarded to the District Inspector of Schools (P.E.), Hooghly, respondent no.3 herein and the said authority after verification of the eligibility of the petitioner shall forward the same to the respondent no.5 for appointment under the category of compassionate ground. After consideration is made, the same should be forwarded to the District Inspector of Schools (P.E.), Hooghly, respondent no.3 herein and the said authority after verification of the eligibility of the petitioner shall forward the same to the respondent no.5 for appointment under the category of compassionate ground. The respondent no.4 shall complete the process for fresh consideration of the petitioner’s application within a period of six weeks and after he forwards the name of the petitioner to the District Inspector of Schools, the said authority shall complete the process within a further period of six weeks and to take follow up action in this regard. 5. With the above direction, the writ petition is disposed of.