Sandip Deb vs State of West Bengal - 2023 Supreme(Cal) 1436

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1436

BIBEK CHAUDHURI
Sandip Deb – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ekramul Bari, Ms. Tanuja Basak
For the Respondent: Mr. Bikramaditya Ghosh, Mr. Pretom Das

JUDGMENT :

Bibek Chaudhuri, J.

1. The petitioner has approached this Court in its constitutional writ jurisdiction for issuance of a writ of mandamus and other suitable writs to reconsider his prayer for compassionate appointment on the death of his father while he was in employment.

2. Brief fact leading to filing of the instant writ petition is as follows:-

3. Father of the petitioner, since deceased was an Assistant Teacher of Baidya Chakra Primary School and while in employment he died on 11th October, 2011. Within one and half years of his death the petitioner being the only son made an application before the competent authority on 19th April, 2013 for compassionate appointment for the post of Assistant Teacher in a Government aided primary school. The Commissioner, School Education, West Bengal by a Memo date 30th January, 2019 rejected his prayer on the following grounds:-

“3. In the light of the RTE Act, 2009, the rule 6 of the West Bengal Primary School Teachers Recruitment Rules, 2001 was amended vide notification no.285-SE (EE) dated 24.07.12 where under the required qual