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2016 DIGILAW 809 (CAL)

Soumya Jash v. State of West Bengal

2016-10-05

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. Liberty is given to the learned Advocate for the petitioner to correct the cause title. 2. Affidavit of service, filed in Court today, be taken on record. 3. No one appears on behalf of the State to oppose this writ petition. 4. The petitioner’s father while continuing in service as a Head Teacher in a primary school, expired on 13th April, 2011 at the age of 54 years. The widow of the deceased teacher was granted family pension. The petitioner filed an application for his appointment on compassionate ground. After receipt of the said application, the concerned District Primary School Council authority issued a letter being Memo. No. 417 dated 31st January, 2012 requesting the petitioner to appear on 14th February, 2012 for verification of the documents as also the genuineness of the claim. Subsequently, by a Memo. No. 4881 stated December, 2015 the President, Burdwan District Primary School Council forwarded the application to the Director of School Education for his recommendation but it has been alleged that the Director of School Education has not yet communicated his views in the matter for consideration of the petitioner’s appointment on compassionate ground. As a result, the petitioner through his learned Advocate caused a demand notice which was served upon the Director of School Education (Primary), West Bengal on 4th August, 2016. The said letter has also not yet been replied by the Director of School Education. 5. In such circumstances, the Director of School Education, respondent no.2, is directed to take a decision with regard to the appointment of the petitioner on compassionate ground and to communicate his views in the matter to the Burdwan District Primary School Council for follow up action. Such process has to be complied with by the Director of School Education within a period of eight weeks from the date of communication of this order. 6. With the above direction, the writ petition is disposed of.