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2024 Supreme(Cal) 27

ANIRUDDHA ROY
Sarfaraj Ahmed – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Petitioner:Sounak Bhattacharyya, Anirban Sarkar, Advocates. For the Respondents:Avishek Prasad, Advocate.

JUDGMENT

Facts:

1. This is a hearing matter on affidavits.

2. The father of the petitioner was working as an approved Headmaster at one Babupur High School (H.S), District- Malda (for short, the school). The father of the petitioner died in harness on September 25, 2010, Annexure P-1 at page 15 to the writ petition, leaving behind, inter alia, the petitioner.

3. In May, 2011 the petitioner applied for compassionate appointment, Annexure P-2 at page 16 to the writ petition. The application was processed by the school authority and was submitted for compassionate appointment of the petitioner before the appropriate authority Annexure P-3 at page 18 to the writ petition. On May 15, 2012 the respondent no.3 rejected the prayer for compassionate appointment on the ground that the family of the petitioner appeared to be not in a financial distress, Annexure P-4 at page 19 to the writ petition.

4. Challenging the said impugned decision of the respondent no.3 the petitioner moved a writ petition being WP No. 18767(W) of 2012 when a Coordinate Bench by its order dated December 6, 2012 quashed the said impugned order passed by the respondent no.3 and directed the matter to consider afresh in the

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