DEBJANI BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant writ application, the petitioner has questioned the order dated 3.4.1998 passed by the Chairman, Calcutta District Primary School Council, whereby the claim of the petitioner for appointment on compassionate grounds under the died-in-harness category was rejected.

(2.) The case of the petitioner is that his mother was an Assistant Teacher and died-in-harness on 12.10.1990. The petitioner was then a minor (14 years of age). An application was made on 29th April, 1992 on behalf of the petitioner by his father for granting employment to the petitioner who was then aged 16 years. The said application was made to the District Inspector of Schools(SE), Calcutta and by another application dated 28.9.1992 the father of the petitioner made a similar prayer to the Chairman, District Primary School Council. It is also stated that by a memo No.1014/PC dated 28.9.92 permission was granted to the school in question i.e. the St. Paul's School (Primary Section) to fill up normal vacancies, one of which was on account of the death of the said teacher.

(3.) The Secretary, Calcutta District Primary School Council by his order dated 16.9.94 considered the representation of the petitioner and requested the Director of School Education vide his Memo. No. 898 dated 16.9.94 whether the registration of the petitioner for appointment against died-in- harness case may be condoned as the name of the petitioner was not registered in the roster maintained for the said purpose, as the petitioner had not attained the age of 18 years at that time. The petitioner attained the age of 18 years on 2.2.1994. The petitioner vide a memo dated 12.1.1995 was informed that his case has not been considered by the Director of School Education on the ground of submission of the prayer after a lapse of more than three years from the date of death of his mother. The petitioner made representations against the said order and thereafter filed a writ application being W.P. No.26863(W) of 1997 which was disposed of by an order dated 30.9.97 directing for consideration of the petitioner's case by the authority concerned in accordance with the law after affording a hearing to the petitioner within the time framed therein.