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2026 DAILYLAW 39420 (CAL)

SUDIPTA SANGMA v. THE STATE OF WEST BENGAL AND ORS

WPA/1600/2026 · 2026-09-07

Raja Basu Chowdhury

body2026

Judgment text

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37 07.09.2026 sayandeep Ct.9. CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE WPA 1600 of 2026 Sudipta Sangma Versus The State of West Bengal & Ors. Mr. S.M. Obaidullah Mr. Ranjit Kumar Singh … For the petitioner. Mr. Jagriti Mishra, Ld. AAAG Mr. Sanghai Choudhury … For State. 1. The affidavit-of-service filed in Court today is taken on record. 2. Heard the learned advocates appearing for the respective parties. The instant writ petition has been filed for a direction upon the respondents to consider the petitioner’s representation dated 20th November, 2025 which is a prayer for compassionate appointment on the death of the mother of the petitioner who was an Assistant Teacher of Chhat Barabangla A.P. School under Dinhata-II Circle, Coochbehar on 06.01.1977 and had expired on 26.02.2008. Records would reveal that the Commissioner of School Education, West Bengal had passed an order on 5th April, 2017 rejecting the petitioner’s application on the ground that the deceased teacher’s family income amounting 2 to Rs. 6,456/- had exceeded the initial gross salary of Rs. 5,521/- of a Group -“D” staff of the District Primary School Council at the material point of time that is at the time of the death of the teacher. It is in those facts and it was observed that the family may not be treated as financially distressed in terms of the government notification dated 28th January, 2008 and accordingly the prayer was rejected. The representation has, however, been made after more than eight years. Even on the petitioner’s own admission the order of rejection was served on the petitioner on 25th November, 2021. According to the petitioner, the earlier challenge to such order did not succeed as the writ petition being WPA 1232 of 2022 was dismissed for default on 14th June, 2022. The representation has been made after more than two years therefrom. There is no explanation for such delay and it must be noted that the petitioner’s mother has also died in the year 2008. 3. In this regard, I find there appears to be substance in the observations made by the Commissioner, School Education in its memo dated 5th April, 2017. In this context, it may be mentioned that the notification published by the Principal Secretary to the Government of West Bengal on 30th January, 2008, in the explanation to Rule 14 of the West Bengal Primary School Teachers Recruitment Rules, 2001, which was substituted by the aforesaid notification explains the 3 terms “financial hardship”. To morefully appreciate the same, the relevant Rule is extracted hereinbelow. 4 4. In the light of the above, this Court does not find any irregularity in the order passed by the Commissioner, School Education, West Bengal. There is also no explanation for the delay. 5. Accordingly, the writ petition is dismissed without any order as to costs. (Raja Basu Chowdhury, J.)