Ansarul Haque vs The State of West Bengal and Others

Harish Tandon, J.—Vakalatnama filed today on behalf of the State respondents is kept with the record.

Principal grievance of the writ petitioner in this writ petition is non consideration of his application seeking appointment on compassionate ground.

The father of the petitioner died on 1st September 1981 and the mother of the petitioner filed an application on 26th October 1982. Admittedly, at the time of death of the father of the petitioner, the petitioner was a minor and also did not have the requisite qualification to be appointed as primary teacher.

After attaining majority and obtaining requisite qualification, another application was filed by the petitioner on 21st December 1991 for his appointment on compassionate ground.

The authorities have kept the applications in suspended animation and have not taken any decision as yet. In their affidavit-in-opposition also it is tried to be contended that the Petitioner is not eligible to be appointed on compassionate ground. The Petitioner has vehemently refuted such contention in reply.

W.P. 8457 (W) of 2006

It is no doubt true that the authorities have not considered and decided the applications and as such, this Court feels that it would not be proper to decide the issue involved in this writ petition but relegate the matter back to the authorities for their decision. This Court is informed that the Respondent No. 4 is the competent and appropriate authority to consider such applications.

Accordingly, Respondent No. 4, the Chairperson, District Primary School Council, South 24 Parganas, is directed to consider and dispose of the applications dated 26th October 1982 and 21st December 1991 upon giving an opportunity of hearing to the writ Petitioner within a period of eight weeks from the date of communication of this order, in accordance with law. After taking such decision, the said authority shall communicate the same to the writ Petitioner within a week thereafter.

It is, however, made clear that I had No. occasion to consider the merit of the contention raised by the respective parties in this writ application and the said authority shall be free to take decision, without being influenced by any observation, if any made herein, in accordance with law.

The writ application, accordingly, stands disposed of. However, there will be no order as to costs.

Urgent Photostat certified copy is supplied to the parties, if applied for, on priority basis.