GOURAB BHATTACHARYYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition is directed against an order of the Chairperson, West Bengal Regional School Service Commission (South Eastern Region), Barasat, [hereinafter referred to as "RSSC"], dated December 22 of 2017, thereby relegating the issue of appointment of the present petitioner in the died in harness category, with certain queries, touching the merits of his application and justifiability of recommending his name for appointment, to the District Inspector of Schools (Secondary Education), North 24 Parganas [hereinafter referred to as the "DI"]. The legality and propriety of the said order has been challenged in the present writ petition on the subject as to whether the RSSC, being a recommending body has the power and jurisdiction under the law and commit itself to consider the merits of the recommendation for appointment of the petitioner, by the recommending body (in this case the DI) or the application of the petitioner.

(2.) Before delving on the impugned order, it is required that the factual background of the case being narrated in a nutshell, for the benefit of discussion. The petitioner's father has been working as an Assistant Teacher in the respondent school, who has breathed his last on December 20, 2007. Immediately thereafter the writ petitioner has made his application praying for compassionate appointment in place of his deceased father, being his application dated February 19, 2008. The school has forwarded its recommendation with all the requisite documents, to the office of the DI, vide letters dated November 12, 2008 and November 14, 2009 respectively. An order of this Court dated November 23, 2016, in WPA 1314(w) of 2016, has ultimately motivated the DI, to pass an order vide its office memorandum dated April 24, 2017, thereby allowing the petitioner for grant of compassionate appointment and recommending his name before the RSSC, for appointment, vide letter dated July 6, 2017. Thereafter a letter of the learned advocate of the writ petitioner dated February 15, 2018 has intervened in between and ultimately the respondent WBRSSC has passed the impugned order dated December 22, 2017, to raise further questions regarding recommendation and grant of compassionate appointment, to the writ petitioner.

(3.) The impugned order dated December 22, 2017, is on the subject matter regarding consideration of the proposal of the petitioner, for appointment on compassionate ground under died in harness category. The following points have been envisaged therein: