SRI AMARENDRANATH MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept on record.

(2.) The writ petitioner approaches this Court in another round of litigation. The last time he approached this Court was in the year 2005, when he filed a writ petition, being W. P. 17536 (W) of 2005. That writ petition was disposed of by an order dated 10th September, 2009, passed by Girish Chandra Gupta, J. Pursuant to the said order, the matter was taken up for consideration by the Director of School Education, West Bengal, who took a decision in the matter on 20th/21st July, 2010, which is now the subject-matter of challenge in the present writ petition.

(3.) Upon perusing the impugned decision rendered by the Director of School Education, West Bengal, it appears that upon consideration of the facts and circumstances of the case and after perusal of relvant Government orders and rules pertaining to appointment on compassionate ground, the Director was unable to afford any relief to the petitioner on the grounds stated therein. The impugned decision, as it appears, is supported with cogent reasons. The Director in his decision has observed, inter alia, as follows :-"Now, considered the submissions made by both the parties. The petitioner claimed that consequent upon his father's death, his mother prayed for her appointment to the District School Board, 24 Parganas within the specific time limit. But he could not adduce any evidence in support of her claim. However, it if it taken for granted that the petitioner's mother had applied within the specific time limit, then his mother did not possess requisite qualification for being appointed to the post of a primary teacher during period in question. It has been clearly provided in G. O. No. 1381 Edn(B) dated 4-7-1978 that the widow of a deceased teacher may be included within the ambit of such appointment provided she has the requisite qualification. As such the petitioner's mother could not be appointed on that ground. Thereafter the petitioner's mother submitted prayer claiming appointment of her son belatedly after six years' from the date of death of his father when the petitioner attained majority and after four years from such date on passing Madhyamik Examination. G. O. No. 457-Edn(P) dated 12-10-1987 is also very clear in this respect. It has been provided in the said G. O. that such application should be submitted within two years from the date of death of the incumbent concerned. Also G. O. No. 4-SE (Pry) dated 21-1-1995 stipulates that belated submission of such application i.e. submission within 4 years from the date of death of the incumbent concerned, may be considered under very special circumstances involving serious illness or physical inability of the applicant to submit such application on time.