Extracted from the PDF above. The PDF is authoritative.
703(M/L). 14-07-2026 (Ct. no.24) debajyoti
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction APPELLATE SIDE WPA 18033 of 2023
Sabita Mahato Vs. The State of West Bengal & Ors. Mr. Kalyan Kumar Panda, Adv., Mr. Uttam Kumar Roy, Adv. … For the Petitioner. Mr. Lokenath Chatterjee, learned Junior Standing Counsel, Ms. Sneha Chatterjee, Adv. … For the State.
1. Affidavit-of-Service filed in Court today is taken on record.
2. The order of the Commissioner of School Education, West Bengal, dated January 09, 2023, rejecting the petitioner’s prayer for being appointed on compassionate ground as she is the married daughter of the deceased teacher is impugned in the instant writ petition. The petitioner seeks appointment in Group-D post in a secondary school.
3. The issue as to whether married daughters can be considered for providing compassionate appointment has been conclusively decided by the Special Bench of this Court in the matter of The State of West Bengal & Ors. Vs. Purnima Das, reported in 2017 (4) CHN Calcutta 362.
4. As the ground for rejecting the petitioner’s prayer is not sustainable in law as held in the matter of Purnima Das (supra), accordingly, the impugned order dated January 09, 2023, is set aside.
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5. The Commissioner of School Education is
directed to reconsider the petitioner’s prayer for grant of compassionate appointment strictly in accordance with the law laid down in the matter of Purnima Das (supra) at the earliest, but positively within a period of eight weeks from the date of communication of this order.
6. The fate of the petitioner’s application shall be made known to her. If the prayer of the petitioner is allowed, necessary consequential steps shall be taken by the authority without any further delay.
7. Learned advocate for the petitioner is directed to forward to the aforesaid respondent a copy of the
judgment in the matter of Purnima Das (supra) at the time of communicating the order of the Court.
8. The writ petition stands disposed of.
9. All parties shall act on the server copies of this
order duly downloaded from the official website of this Court.
10. Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of necessary formalities.
(Amrita Sinha, J.)