28.07.2026. Item No. 77. Court No. 652 ap CPAN 1203 of 2025 With W.P.A. 27848 of 2016 Sukanta Chowdhury & Ors. Versus Smt. Basanti Barman, Chairman, Malda District Primary School Council Mr. Sujit Kumar Rath, Mr. Sukumar Sarkar. …For the applicants. Mr. Avishek Prasad, Ms. Shreyasi Manna. …For the alleged contemnor. 1. The alleged contemnor has filed an affidavit, pursuant to this Court’s direction incorporating therein the compliance report to the same. 2. Learned Counsel for the applicants has raised strong objection by filing an affidavit-of-exception in Court today. 3. Let the affidavit-of-exception filed in Court today be taken on record. 4. From the affidavit submitted by the alleged contemnor, it appears that by dint of a reasoned order dated March 6, 2026, the Chairman, Malda District Primary School Council has determined the financial hardship of the contempt applicants as on the date of death of their mother i.e. January 20, 2013. 5. This Court finds no error therein by the said alleged contemnor in considering the date of death of the mother of the contempt applicants at the relevant point of time to consider the application of West Bengal Primary School Teacher Recruitment Rules, 2 2001 along with the subsequent amendments thereof in case of the present petitioners. 6. The applicants have aggrieved that in terms of the order passed by the Chairman, Malda District Primary School Council dated March 6, 2026, they have been considered eligible for appointment on compassionate ground in Group-“D” posts, whereas according to the applicants by dint of the Rules prevalent on the date when the mother of the applicants was declared incapacitated on medical grounds for employment, the applicants should have to be considered as eligible for being appointed as a Primary Teacher. 7. The objection as regards the steps taken by the alleged contemnor as stated above does not inspire confidence in the mind of the Court in view of the settled law that the Rule as prevalent on the relevant date of death of the predecessor would be applicable for consideration on compassionate appointment of an incumbent. In this case, the said date is the date of death of the mother of the applicants, as directed by the Court in the order dated May 13, 2025. 8. Furthermore, the applicants are aggrieved about the compliance report submitted by the alleged contemnor for the reason that after finding them as eligible for appointment, the entire matter has been referred to the District Inspector of Schools (PE), Malda whereas the predecessor-in-interest of the applicants happened to be the Teachers of a Primary School. 3 9. Fact remains that within the jurisdiction of District Primary School Council, there is no scope for appointment to the post of Group-“D” Staff even on compassionate ground. 10. In such circumstances, the further process as regards the appointment, if any, as recommended by the Malda District Primary School Council vide order dated March 6, 2026 is required to be taken up by the other competent authority within the administrative framework of the State. 11. So far as this contempt application is concerned in which the Court is only concerned with due and substantive compliance of the Court’s direction in view of the affidavit submitted on behalf of the alleged contemnor, this Court does not find any reason for dissatisfaction as to the same so far as substantive compliance of this Court’s order dated May 13, 2025 is concerned. 12. Accordingly, having found that the order of the Court as above has been substantially complied with, the contempt application being CPAN 1203 of 2025 is hereby disposed of. 13. There will be no order as to costs. 14. Urgent photostat certified copy of this order, if applied for, shall be supplied to the parties, on compliance of all necessary formalities. (Rai Chattopadhyay, J.)