SAMMAK GAZI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition filed under Art. 226 of the Constitution of India, 1950, the writ petitioner has approached this Court seeking appointment from the State-respondents on compassionate grounds.

(2.) A cursory look at the factual circumstances borne out of the writ petition reveals that the father of the writ petitioner was an employee holding a clerical post at the Bongaon Hazrat Peer Abubakar Darul Uloom Senior Madrasah (Fazil, H.S.), Bongaon who died in harness at the age of 52 years on Nov. 22, 2010. Thus, on the strength of his father's service and death-in-harness, the writ petitioner, being the son of the deceased and the only male member of the family approached the state-respondents by an application dated March 08, 2011 made to the District Inspector of Schools (SE), North 24-pargaanas seeking compassionate appointment to the post of a clerk in the same institution.

(3.) The aforesaid application made by the writ petitioner was intimated by the said District Inspector of Schools (SE) to the Chairman, West Bengal Madrasah Service Commission by an office memo dated Jan. 24, 2013 along with necessary particulars of the writ petitioner. However, since no action was taken by the state-respondents in respect to the petitioner's application, the jurisdiction of thiscourt under Art. 226 of the Constitution of India, 1950 has been invoked wherein the petitioner prays for directions to be issued to the state-respondents to consider and dispose of the representation of the petitioner.