IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Rai Chattopadhyay W.P. No. 3729 (W) of 2020 Srijib Kumar Patra Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Ekramul Bari : Sk. Imtiaj Uddin : Mr. Alauddin Ahmed :

For the State Mr. Avishek Prasad : Mr. Sourodeep Singha Heard on : 24/04/2025 Judgment on : 24/04/2025 Rai Chattopadhyay, J. :-

1) The instant matter relates to condonation of the period of shortfall of the number of qualifying years of service of the petitioner to render him eligible for pension, after his superannuation.

2) The petitioner has been inducted in service as an Assistant Teacher on compassionate ground in ‘died in harness’ category after death of his father. He was approved in service vide order dated March 20, 2006.

3) The petitioner’s father has died on March 20, 1979 and on February

28, 1991, the petitioner made application for his appointment on compassionate ground. There has been rounds of litigation before this Court between the parties. The first order of the High Court is dated September 15, 1993 when the Court has directed as follows: -

“Hearing the learned Advocate appearing for the petitioner I direct the District Inspector of Schools to record the name of the petitioner in the panel of dying in harness category and if there is any vacancy in the school for the post of clerk petitioner may be absorbed provided he has got some qualification or in the post of class IV staff provided he has agreed to such post. If the representation submitted by the petitioner is not available or traceable in the office of the District Inspector of Schools petitioner is given liberty to submit a fresh representation with better particulars, enclosing his academic certificate, if any, within 15th October, 1993. District Inspector of Schools (S.E.), Bankura is directed to consider the claim of the petitioner for absorption on compassionate ground under died in harness category at the earliest preferably by 31^st December, 1993. District Inspector of Schools is directed to acknowledge the receipt of such representation within 15 days from the date of such receipt and he will communicate the result of the representation to the petitioner within 30^th October, 1993.”

4) On January 15, 2003 an order was passed by the District Inspector of Schools, Secondary Education, Bankura in terms of the order of the Court dated September 15, 1993, thereby recording the petitioner’s name in the live register under the ‘died in harness’ category and directions were made that subject to availability of vacancy, the petitioner’s name shall be forwarded to the school, where his father used to serve as an Assistant Teacher.

5) The petitioner’s prayer for affording him notional benefit was relegated by this Court to the District Inspector of Schools, Secondary Education, Bankura, vide order dated September 26, 2012 in WP No. 7623(W) of 2012. The matter was further transmitted to the Commissioner of School Education and finally by dint of the order impugned dated February 22, 2019, the Commissioner of School Education has turned down the petitioner’s prayer for according notional benefit to him for the period from when his application for compassionate appointment was filed before the authority.

6) Mr. Bari for the writ petitioner has submitted that there has been an inordinate delay in processing the petitioner’s prayer as above, which can be attributed only to the authorities. It is submitted that in spite of there being an order of the court dated September 15, 1993, the respondent authority had not taken any steps to pursue the prayer of the petitioner and only after about 10 years on January 15, 2003, an order was passed by the District Inspector of Schools, Secondary Education, Bankura in compliance with the Court’s order as above. Mr. Bari says further that the ground taken by the respondent authority in the impugned order regarding unavailability of any vacancy in the sch