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2007 Supreme(Cal) 61

PRANAB KUMAR CHATTOPADHYAY, ARUNABHA BASU
DIRECTOR OF PUBLIC INSTRUCTION, WEST BENGAL – Appellant
Versus
SWAPNA LAHIRI – Respondent


Advocates Appeared:
AMARESH BHATTACHARJI, SOBHANLAL HAZRA, SOMENATH GHOSH, TAPAS GHOSAL

PRANAB KUMAR CHATTOPADHYAY, J.

( 1 ) THE only point for consideration in this appeal is whether the appointment of the writ petitioner on compassionate ground as Lower Division Clerk in Rishi Bankim Chandra College should have been approved by the concerned State-respondents.

( 2 ) THE writ petitioner submitted an application for appointment in a suitable post in Rishi Bankim Chandra College on compassionate ground as her husband, Late Amit Kumar Lahiri, Lecturer in Physics of the said rishi Bankim Chandra College died in harness.

( 3 ) CONSIDERING the said application, Governing Body of the said Rishi bankim Chandra College passed a resolution for appointment of the said writ petitioner as Lower Division Clerk in the vacancy caused due to premature death of one Smt. Latika Devi, a Lower Division Clerk of the said college. Although the Governing Body of the college being the competent aruthority as employer duly appointed the writ petitioner in the post of Lower Division Clerk on the basis of a proper resolution but the concerned State-respondents did not accord necessary approval to the said appointment of the writ petitioner.

( 4 ) THE learned Single Judge, however, did not a
















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