G.C.Gupta, J. - (1.) Ram Shankar Sharma was an Assistant Teacher engaged with Arya Parishad Vidyalaya situate at 1, Nimak Mahal Road, South Eastern Railway, Kolkata - 43. He died on 14th November, 2001. An application was thereafter made for appointment on compassionate ground by the writ petitioner. She is an educated lady. The concerned D.I. of Schools by his letter dated 31st October, 2002 addressed to the Secretary, West Bengal Regional School Service Commission for appointment of the writ petitioner on compassionate ground consequent to the death of aforesaid Ram Shankar Sharma. However, the proposal was directed to be kept in abeyance by the concerned D.I of Schools by his letter dated 18th July, 2003 in view of the fact that one Kanaklata Sharma contended that she was the legally married wife of the deceased. The contention of Kanaklata was disputed by the writ petition and ultimately the writ petition was filed for cancellation of the letter dated 18th July, 2003 by which the recommendation made in favour of the writ petitioner was directed to be kept in abeyance. She has also challenged the order dated 22nd August, 2003 passed by the concerned District Inspector of Schools.
(2.) During the pendency of the writ petition, parties, I mean the heirs of the deceased, have resolved their dispute and a compromise has been filed.
(3.) By consent of the writ petitioner and the respondent Nos.5 and 6, the writ petition is disposed of by directing the School Service Commission, the respondent No. 7 herein, to enrol the name of the writ petitioner in the roster based on the proposal of the concerned D.I. of Schools. The orders dated 18th July, 2003 and 22nd August, 2003 be ignored and they are specifically set aside. However, the monetary benefit consequent to the death of the said Ram Shankar Sharma be given to Kanaklata Sharma, the respondent No.5 herein, who is admittedly the nominee as per the nomination filed by the deceased himself.;