SRI PARTHA SARATHI MANNA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2021-8-9
HIGH COURT OF CALCUTTA
Decided on August 19,2021

Sri Partha Sarathi Manna Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

AMRITA SINHA, J. - (1.) The petitioner seeks compassionate appointment in the died in harness category. The father of the petitioner was an employee of Pingla Thana Mahavidyalaya who died in harness on 16th December, 2007. Due to non- consideration of his prayer for being appointed on compassionate ground, the petitioner approached this Court for relief by filing writ petition being WP 28816 (W) of 2008, which was disposed of by order dated 21st December, 2009. The Court directed the College to forward all the papers of the petitioner to the Director of Public Instruction (DPI for short), who was directed to take a decision in accordance with law. The DPI considered the prayer of the petitioner and observed that the prayer for appointment of the petitioner on compassionate ground may be considered if all criteria for appointment is duly fulfilled. The DPI directed the College to scrutinise the educational certificates of the petitioner and to assess the financial condition of the petitioner. The petitioner was directed to apply before the College with all educational testimonials and the income statement as well as no objection certificate from the other heirs of the employee. The petitioner was directed to cooperate with the College.
(2.) In terms of the aforesaid direction of the DPI, the petitioner forwarded all his educational testimonials before the College. Pending consideration of the petitioner's prayer as steps were taken by the College for filling up the Group D post, he approached this Court once again by filing writ petition being WP 16987 (W) of 2010. The aforesaid writ petition was disposed of on 18th April, 2017 by directing that the College shall carry forward the prayer of the petitioner for being appointed on compassionate ground to a logical conclusion and the College was further directed to communicate its finding to the DPI. The DPI was directed to take a reasoned view in the matter within a specified time. It was ordered that if the findings are not adverse, the DPI shall take necessary consequential steps. One post in the Group D category was directed to be kept vacant for a period of two weeks from the date of receipt of a communication from the DPI.
(3.) In terms of the direction passed by the Court an Enquiry Committee was formed by the College to assess the financial status of the petitioner. The Enquiry Committee consisting of three members, was of the unanimous opinion that there is no substantial income of the family. The case of the petitioner for being appointed on compassionate ground was recommended by the College to the DPI.;


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