Shantanu Sarkar Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Shantanu Sarkar Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 14.8.2025 set aside; respondent no. 3 and other respondent authorities to consider the petitioner's prayer for compassionate appointment afresh, in accordance with law, sympathetically (delay question left undecided at that stage), within 3 months from the date of the order, with appointment to be given at the earliest if all other criteria are met.

Issue for consideration

Whether the impugned order dated 14.08.2025 passed by the District Inspector of Schools (PE), Jalipaiguri ought to be set aside and the petitioner's prayer for appointment on compassionate ground reconsidered in accordance with law. +1 more

Court's answer

The order dated 14.8.2025 was set aside, and the respondent no. 3 and other respondent authorities were directed to consider the petitioner's prayer for compassionate appointment afresh, in accordance with law, without taking any decision as to the delay at that stage.

Ratio / Principle

Although the time limit for making an application for compassionate appointment is two years, the petitioner, who at the relevant time was aged only 8 years and had no guardian to guide him, applied immediately on becoming a major; his case therefore merits sympathetic consideration with the delay condoned.

Key takeaways

This Court directed the respondent no. 3 to consider the petitioner's case praying for compassionate appointment sympathetically.ratio¶11
The prayer was to be considered within 3 months from the date of the order, and in case all other criteria were met by the petitioner, the appointment was to be given at the earliest.ratio¶15

Detailed headnote1 paragraphs

W.P.A. 281 of 2026 (High Court at Calcutta, Circuit Bench at Jalpaiguri; Shampa Dutt (Paul), J.; order dated 02.03.2026): Petitioner, whose father's death entitled him to seek compassionate appointment, applied only upon attaining majority, beyond the two-year time limit, having been aged merely 8 years and without a guardian at the relevant time. Challenging the order dated 14.08.2025 of the District Inspector of Schools (PE), Jalipaiguri, and seeking reconsideration of his prayer for appointment on compassionate ground, the writ petition resulted in the impugned order being set aside. Respondent no. 3 and other respondent authorities were directed to consider the prayer afresh, sympathetically, in accordance with law, without deciding the delay question at that stage, within 3 months, and to grant appointment at the earliest if all other criteria are met. Petition disposed of.

. Court No.05 02.03.26 JPD Item no. 05 BR

In The High Court At Calcutta

In the Circuit Bench at Jalpaiguri^{Appellate Side}

W.P.A. 281 of 2026 Shantanu Sarkar -vs-

The State of West Bengal and Ors.

Mr. Rajyashree Ghosh ... for the petitioner

Mr. Subir Kumar Saha,

Mr. Pradip Sarkar ... for the State

Affidavit of service filed by the petitioner be kept with the record.

2. The writ application has been preferred praying for direction upon the respondent authorities concerned , to set aside, rescind, quash and/or cancel the impugned order dated 14.08.2025 passed by the District Inspector of Schools (PE), Jalipaiguri and to reconsider the prayer of the petitioner for appointment on compassionate ground and to act in accordance with law.

3. On hearing the learned counsel appearing for the parties and on perusal of the materials on record, this Court directs that the respondent no. 3 shall consider the case of the petitioner praying for compassionate appointment sympathetically, considering that though the time limit is two years for making such application, the petitioner at the relevant time being aged only 8 years, had no guardian to guide him.

4. It appears that the petitioner has made his prayer for compassionate appointment

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immediately on becoming a major and as such it is in the interest of justice that the said prayer of the petitioner be considered sympathetically on condoning the delay in such a case, where the petitioner actually deserves compassion from the authorities.

5. The order dated 14.8.2025 is accordingly set aside and the respondent no. 3 and other respondent authorities shall consider the prayer for compassionate appointment made by the petitioner afresh, in accordance with law, without taking any decision as to the delay, at this stage and consider the prayer within 3 months from the date of this order, and in case all other criteria are met by the petitioner herein, the appointment be given at the earliest.

6. WPA 281 of 2026 stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings.

(Shampa Dutt (Paul), J . )