Son of a school teacher who died in harness sought consideration of his compassionate appointment application, which the District Inspector of Schools had not addressed. The court directed the authority to hear the petitioner, consider the April 23, 2013 application, and pass a reasoned order within six weeks.
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WPA 31961 of 2013
22.8.2024 Md. Tanbirul Arefin...-vs--State of West Bengal & Ors. ct.25, sl.224
sk
Mr. Dipankar Mandal
Mr. Abdul Aziz Mondal.
….for the petitioner.
The petitioner is the son of deceased school
teacher, who has died on July 21, 1992 while in service.
The matter relates to compassionate appointment of the petitioner in place of his father, who died-inharness. It is necessary to narrate in brief the background facts of the case.
Immediately after death of the father, one of the sons of the said deceased person, i.e. the elder brother of the present petitioner applied for appointment on compassionate ground. However, even after grant of his prayer by the authorities, not once but twice his joining was restrained and rejected by the concerned respective school authorities, in spite of recommendation being made for the said applicant for appointment on compassionate ground.
Therefore, one son of the said deceased person having failed to secure an employment on compassionate ground, the other son of him i.e. the present petitioner has made a fresh application i.e. dated April 23, 2013.
Since the petitioner has expressed grievance that such application of him has not yet been considered by the District Inspector of Schools, Secondary Education, South 24-Prganas/respondent no. 4, it is directed that
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the said respondent no. 4 shall immediately take up for consideration, the application of the present petitioner for grant of appointment on compassionate ground i.e. dated April 23, 2013.
The respondent no. 4 shall afford opportunity of hearing to the petitioner and also to any other persons as it thinks fit and proper while considering the petitioner’s application as above and dispose of the same by dint of a reasoned order.
The respondent no. 4 shall complete the entire exercise as above within a period of six weeks from the date of communication of this order.
With the directions as above, the present writ petition WPA. 31961 of 2013 is disposed of.
Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Rai Chattopadhyay, J.)
1 issue framed by the court
Whether the District Inspector of Schools should be directed to consider the petitioner's 2013 application for compassionate appointment on his father's death-in-harness.
Md. Tanbirul Arefin
State of West Bengal
Rai Chattopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
