17.09.2025 Court No. 18

Item No.10 (Suvendu

WPA 17632 of 2025

Mojammel Momin

-Versus-

State of West Bengal & Ors.

Mr. Firdous Samim

Ms. Gopa Biswas

Mr. Hasanuz Zaman Molla

…..for the petitioner

Mr. Pinaki Dhole

Mr. Avishek Prasad

…..for the State Ms. Sumita Sen

Mr. Kaushik CHowdhury ….for the DPSC, Birbhum

1. Matter is heard in presence of learned

advocates representing the parties.

2. In the writ petition memo dated 24^th June, 2025 issued by the Chairman, Birbhum District Primary School Council is questioned whereby prayer of the petitioner for appointment on compassionate ground on Group –C post in a secondary/higher secondary school was rejected. Father of the petitioner was Head Teacher of a primary school who died in harness on 1st January, 2024. On 1st January, 2024 father of the petitioner attained age of sixty years

considering date of birth of father of the petitioner is 2^nd January, 1964.

3. While deciding claim of the petitioner being son of a deceased primary Head Teacher, Chairman, Birbhum District Primary School Council proceeded on the premise as date of birth of deceased teacher is 2nd January, 1964 and he died on 1^st January, 2024, therefore, petitioner is not entitled to be appointed on compassionate ground.

4. Issue is no more res integra in view of the judgment of this Court dated 26th February, 2025 delivered on a writ petition being WPA 28275 of 2024 (Sk. Monikul Hossain Vs. The State of West Bengal & Ors.) reported in 2025 (3)CHN (Cal) 220

5. In consideration of the facts involved in this writ petition, Court finds ratio of Sk. Monikul Hossain (supra) governs this case too. A copy of the judgment dated 26^th February, 2025 delivered in Sk. Monikul Hossain (supra) duly signed by Assistant Registrar (Court) shall be retained on record.

6. Placing reliance on Sk. Monikul Hossain (supra) impugned memo dated 24th June, 2025 issued by the Chairman, Birbhum District Primary School Council is set aside.

7. Respondent authorities are directed to take necessary steps in accordance with law for appointment of the petitioner on compassionate ground, if petitioner is found otherwise eligible.

8. Writ petition stands disposed of.

9. There shall be no order as to costs.

10. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)