S/L 8 10.09.2026 Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 20940 of 2023 Kaberi Polley & Anr. Vs. The State of West Bengal & Ors. Mr. Ujjal Ray Mr. Abdur Rahim … for the Petitioners. Mr. Shaunak Ghosh Mrs. Madhumanti Das … for the State. Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Mr. Manas Bhattacharyya … for WBBSE. Mr. Kanak Kiran Bandyopadhyay … for WBCSSC. 1. The petitioner no. 1 seeks appointment on compassionate ground. Her prayer stood rejected as the petitioner no. 1 failed to satisfy the financial income criteria. 2. In the impugned order where the monthly income of the petitioner no. 1 has been calculated, the amount on account of dearness allowance and medical relief has also been added. 3. Specific submission of the petitioners is that for the purpose of computing family income, the dearness allowance and medical allowance ought not to have been added. 4. In support of such submission, reliance has been placed on the order passed by this Bench on January 9, 2026 in WPA 7036 of 2019 in the matter of Arunava Jana & Anr. Vs. The State of West Bengal & Ors. 2 wherein the Court took into consideration the order passed by the Hon’ble Division Bench on January 17, 2024 in MAT 1664 of 2023 [Bitasoke Mahata vs. The State of West Bengal & Ors.]. 5. Prayer has been made by the petitioners to set aside the impugned calculation and to direct the authority to re-calculate the family income of the petitioners. 6. Upon hearing the submission made on behalf of both the parties and on perusal of the documents placed before this Court and particularly the order in the matter of Arunava Jana (supra), it appears that indeed the impugned order of rejection of the petitioner’s prayer relies upon the calculation of the family income wherein the dearness allowance and the medical allowance received by the petitioner no. 1 have been added. 7. The law relating to the field clearly lays down that the income on account of dearness and medial allowances cannot be added up for assessing the family income of the applicant seeking appointment on compassionate ground. 8. Rule 20 of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules, 2009 prescribes the manner of selection on compassionate ground. 3 9. The authority ought to act in accordance with the specified rules. 10. In view of the above, the instant writ petition stands disposed of by setting aside the calculation made by the District Inspector of Schools (SE), Howrah to assess the family income of the petitioner no. 1. 11. The DI is directed to reconsider the petitioner no. 1’s prayer upon fresh calculation of the family income strictly in accordance with the law laid down in the matter of Arunava Jana (supra). Fresh calculation shall be made positively within a period of four weeks from the date of communication of this order. 12. If the petitioner no. 1 is able to satisfy the criteria of financial hardship, then the prayer of the petitioner no. 1 for compassionate appointment shall be favourably considered by the authority. 13. Reasoned order shall be passed and communicated to the petitioner no. 1 immediately thereafter. 14. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 15. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)