14.08.2026 Item No.13 (DL) Ct. No. 14 IN THE HIGH COURT AT CALCUTTA srm CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 23036 of 2022 Animesh Pramanik versus The State of West Bengal & ors. Mr. Atreya Chakraborty, Mr. Shahriyar Karim Akhan … for the Petitioner. Mr. Arka Bhattacharya, Mr. Sudipta Maiti … for the State. Md. Sarwar Jahan, Sk. Nayeemul Haque …for the DPSC, Murshidabad. 1. Affidavit-of-Service filed on behalf of the petitioner is taken on record. 2. On the prayer of the learned Advocate for the petitioner, leave is granted to implead Chairman, West Bengal Regional School Service Commission, Northern Region, Malda as added respondent No.11. 3. By the present writ petitioner, the petitioner seeks for setting aside of the Memo dated 8th August, 2022 (Annexure P-4) issued by respondent no.2, Joint Secretary to the Government of West Bengal, School Education Department, Elementary Education Branch rejecting the prayer of the petitioner for appointment on compassionate ground and consequently for issuance of letter of appointment in favour of the petitioner on compassionate ground. 4. The petitioner contends that his father late Jiten Kumar Pramanik was a Head Teacher at 2 No. 2 Chandanbati Primary School under East Sagardighi Circle, District-Murshidabad. The petitioner’s father died-in-harness on 25th November, 2015 leaving behind two sons, namely the petitioner and his elder brother, namely Ujjwal Pramanik as only legal heirs. The mother of the petitioner, namely Niyoti Pramanik predeceased his father and died on 24th April, 2011. Upon demise of his father, the petitioner made an application on 14th March, 2016 seeking for appointment on compassionate ground for the post of Group-C clerk annexing all relevant documents including ‘No objection’ from his elder brother. The said application was duly forwarded by Secretary, DPSC, Murshidabad on 1st June, 2017 to added respondent no.11, Chairman, West Bengal Regional School Service Commission, Northern Region, Malda with the views of respondent no.7, District Inspector of Schools (SE), Murshidabad. In his views respondent no.7, District Inspector of Schools (SE), Murshidabad recommended the name of the petitioner for appointment on compassionate ground on died-in- harness category. However, despite such recommendation, the prayer of the petitioner for his appointment on compassionate appointment was rejected by respondent no.2, Joint Secretary to the Government of West Bengal, School Education Department, Elementary Education Branch, respondent No.2 on 8th August, 2022. Being aggrieved 3 and dissatisfied with the impugned order, the petitioner has preferred the present writ petition. 5. Mr. Atreya Chakraborty, learned Advocate appearing for the petitioner submits that the name of the petitioner was duly recommended by the District Inspector of Schools (SE), Murshidabad for his appointment on compassionate ground. The letter of Chairman-in-Charge, Murshidabad District Primary School Council dated 16th December, 2020 also noted that the petitioner is living separately from his elder brother, namely, Ujjwal Pramanik before the death of his father. The petitioner was dependant upon the deceased teacher. Therefore, the petitioner being the dependant son of the deceased teacher is entitled to employment on compassionate ground. However, without assigning any reason the Joint Secretary to the Government of West Bengal, School Education Department has rejected the prayer of the petitioner. He seeks for setting aside of the impugned order of respondent no.2, Joint Secretary to the Government of West Bengal, School Education Department and issuance of appointment letter in favour of the petitioner. 6. Mr. Arka Bhattacharya, learned Advocate for the State-respondents submits that as per the Pension Payment Order the elder son of the deceased teacher, namely Ujjwal Prakanik received the share of gratuity due to his father’s death. The prayer of the petitioner for compassionate appointment cannot be considered 4 as family income calculated by taking into account the amount earned by the elder brother of petitioner is more than stipulated income of a Group-D staff. He files a copy of the letter furnished by the District Inspector of Schools, Secondary Education, Murshidabad dated 6th August, 2026, which is taken on record. 7. Sk. Nayeemul Haque, learned Advocate representing the Murshidabad District Primary School Council leaves the matter to the discretion of the Court. 8. Upon hearing the learned Advocates for the respective parties, the only issue which falls for consideration is whether, in the facts and circumstances of this case, the impugned order dated 8th August, 2022 of respondent no.2, Joint Secretary to the Government of West Bengal, School Education Department rejecting the petitioner’s application for appointment on compassionate ground is sustainable or not. 9. Admittedly, the petitioner’s application seeking compassionate appointment under Group-C clerk category after verification was found to be in order. It is not in dispute that such application was filed by the petitioner within the stipulated period from the date of death of his father. After scrutiny of such application of the petitioner seeking for appointment on compassionate ground, the same was forwarded to added respondent no.11. Chairman, West Bengal Regional School Service Commission, Northern Region, Malda by DPSC, Murshidabad with the view of the 5 District Inspector of Schools (Secondary Education), Murshidabad that the application of the petitioner on compassionate ground may be considered for the post of Group-C of any secondary school in the died-in- harness category. 10. It has been argued on behalf of the State-respondents that the income of the family including the income of the elder brother exceeds the prescribed limit. In this context it is relevant to note that the application of the petitioner for appointment on compassionate ground was returned on 1st July, 2019 to the Secretary, DPSC, Murshidabad for reconsideration by District Inspector of Schools (SE), Murshidabad with the observation that the office is not in a position to consider the petitioner as separate family member in all respect as the DPSC neither specifically opined that the petitioner as separate from the family in all respect nor his monthly income from salary has been considered for determination of financial criteria. In response, the Secretary, DPSC submitted the case vide memo no. 1169 dated 26th August, 2019. Subsequent thereto, Chairman-in-Charge, Murshidabad District Primary School Council vide letter dated 16th December, 2020 at page-32 of the writ petition addressed to respondent no.2, Joint Secretary, School Education Department, categorically observed that certificate of Competent Authority namely, Savapati, Sagardighi Panchayat Samiti and Pradhan of Barala Gram Panchayat has confirmed that the elder son of 6 the deceased i.e. Ujjwal Pramanik is living separately before the death of his father, i.e. deceased teacher and the claimant was dependent son of the deceased teacher. So the Council has no scope to treat the income of the elder son as the income of the deceased teacher’s family. 11. The impugned letter of respondent no.2, Joint Secretary to the Government of West Bengal, School Education Department, Elementary Education Branch dated 8th August, 2022 neither has considered the earlier views made by respondent no.7, District Inspector of Schools (Secondary Education), Murshidabad dated 12th July 2017 nor the observation of Chairman-in-charge, DPSC, Mushidabad as enumerated above. Moreso, the impugned letter is also bereft of any plausible reason of not taking into consideration the views and observation of the aforesaid authorities. 12. Accordingly, in the above conspectus, the impugned letter dated 8th August, 2022 of respondent no.2, Joint Secretary to the Government of West Bengal, School Education Department, is hereby set aside. 13. At this juncture it would be profitable to reproduce Rule 20 and 21 of West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-teaching staff) Rules, 2009 (hereinafter referred to as „Rules, 2009‟) as hereunder. “Selection of non-teaching staff on compassionate ground 20. Manner of selection on compassionate ground.–(1) Notwithstanding anything contained in these rules, the concerned District Inspector of Schools (Secondary Education) 7 shall maintain a roster of the candidates seeking appointment on compassionate ground as per the procedure laid down in Schedule V and forward the names to the respective Regional Commission in the manner as mentioned in that Schedule from time to time for recommendation of his name against suitable post of Clerk or Group D staff, as the case maybe. (2) The Regional Commission shall thereafter prepare a panel for the candidates to be appointed on compassionate ground – (a) in the post of Clerk on the basis of aggregate of marks obtained in the Madhyamik Examination or its equivalent; (b) in the post of Group D on the basis of date of receipt of the application by the respective District Inspector of Schools (Secondary Education). (3) The panel shall be prepared on medium-wise, category- wise and gender-wise as per the procedure laid down in Schedule V and recommend the name of a suitable candidate for appointment on compassionate ground to the concerned School through district-wise counselling, on the basis of availability of district-wise vacancy, medium-wise, category- wise and gender-wise and a copy of the letter recommending the name shall be sent to the candidate as well as the School, where the vacancy exists, through Registered Post or Speed Post with Acknowledgement Due: Provided that such vacancies for the appointment on compassionate ground shall not include the vacancies of a particular Regional Level Selection Test and such recommendation of the candidates in on compassionate ground by the Regional Commission shall take place after publication of a panel of a particular Regional Level Selection Test and before advertisement of next Regional Level Selection Test for the post of non-teaching staff. (3) On receipt of the recommendation under sub-rule (2), the concerned School authority shall issue the letter of appointment to the candidate by Registered Post with Acknowledgement Due and upon receipt of appointment letter from the concerned School authority the candidate shall join the post within stipulated period as mentioned in the appointment letter. (4) The conditions laid down in sub-rules (1), (2), (4), (5), (6) and (7) of rule 18 shall be applicable mutatis mutandis in the case of recommendation of candidates for appointment on compassionate ground for the post of Clerk or Group D staff, as the case may be. (5) For removal of any doubt it is hereby declared that the employment on compassionate ground is not confined to the School in which deceased or incapacitated Teacher or non- teaching staff had been working and it shall be given anywhere within a district or region, as the case may be, depending upon availability of a suitable vacancy meant for the purpose of appointment on compassionate ground. 21. Provisions of rule 20 to apply with modification to compassionate appointment of family member of Primary Teachers.– (1) The School Service Commission, may subject to other provisions of this rule recommend the name of a member of the family of the Primary Teacher to the post of Clerk or Group D staff on compassionate ground, when the name of the family member is forwarded from the District Inspector of Schools (Primary Education) concerned observing the formalities specified in rule 20 through the District Inspector of Schools (Secondary Education) to the respective Regional School Service Commission. (2) The provisions of rule 20 and paragraphs 1 and 2 of Schedule V shall apply mutatis mutandis in cases of appointment under sub-rule (1) of this rule and shall have effect subject to the following modifications, namely,– (a) reference to the Teacher and non-teaching staff shall be construed as reference to the Primary Teachers and non-teaching staff appointed by the District Primary School Councils and Siliguri Mahakuma Primary School 8 Council set up under the provisions of West Bengal Primary Education Act, 1973; (b) reference to the District Inspector of Schools (Secondary Education) shall be construed as reference to the Head of the Education Offices in the Districts in charge of Primary Education and also acting as Secretary of the District Primary School Council, ex-officio. (3) The concerned District Inspector of Schools (Primary Education) shall process the application and forwarded the same with its recommendations in deserving cases to the District Inspector of Schools (Secondary Education) who in turn shall include such cases along with the deserving cases processed at his end in terms of provisions of rule 20 and shall then sends these cases to respective Regional School Service Commission for disposing of the applications in accordance with sub-rules (2) to (5) of rule 20.” 14. The material on record shows that earlier a recommendation was made by District Inspector of Schools (SE) on 12th July, 2017. The matter was sent to DPSC by District Inspector of Schools (SE) for reconsideration only on the aspect of determination of financial criteria, which has already been made vide its letter dated 16th December, 2020. 15. As per Rule 21 of Rules 2009, the School Service Commission, may subject to other provisions of the rule recommend the name of a member of the family of the Primary Teacher to the post of Clerk or Group D staff on compassionate ground, when the name of the family member is forwarded from the District Inspector of Schools (Primary Education) concerned observing the formalities specified in rule 20 through the District Inspector of Schools (Secondary Education) to the respective Regional School Service Commission. 16. Accordingly, bearing in mind the aforesaid Rules, respondent no.6, Secretary, West Bengal Central School Service Commission is directed to take steps for recommending the name to the post of Group-C 9 (Clerk) on compassionate ground, subject to scrutiny, verification and other rules, to added respondent No.11, Chairman, West Bengal Regional School Service Commission, Northern Region, Malda, within a period of eight weeks from the date of communication of this order. Upon such receipt of recommendation, respondent no.11 shall take consequential steps in terms of Rule 20 and 21 of Rules, 2009. 17. Learned advocate for the petitioner is directed to communicate this order to respondent no.6, Secretary, West Bengal Central School Service Commission and added respondent No.11, the Chairman, West Bengal Regional School Service Commission, Northern Region, Malda, for necessary compliance. 18. With the above directions, the writ petition being WPA 23036 of 2022 stands disposed of. 19. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 20. Interim order, if any, stands vacated. 21. All connected applications, if any, stand disposed of. 22. There shall be no order as to costs. 23. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 24. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)