GOPAL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AFTER considering the submissions made by the learned advocates for the parties and upon perusing the instant application as well as the report in the form of an affidavit filed on behalf of the respondent No.2 in Court today, it appears that the writ petitioner is essentially seeking appointment on compassionate ground in the died-in-harness category upon the death of his father who was an assistant teacher of a Junior High School situated in the district of Paschim Medinipur. Upon perusing the report filed on behalf of the respondent No.2, it further appears that the District Primary School Council, Paschim Medinipur, vide his letter dated 3rd August, 2006, submitted a proposal for approval of appointment in favour of the writ petitioner under the died-in-harness category to the office of the Director of School Education, West Bengal, along with necessary papers. Upon scrutiny of those papers, it was revealed that the writ petitioner's date of birth is 20th April, 1987, and, therefore, his age at the time of death of his father was only fourteen years nine months and twenty two days (emphasis supplied). Even if one calculates two years from the date of death of the deceased employee, even at that point of time the writ petitioner was still a minor. It is stated in the report that in terms of para 4 of the Government Order dated 22nd January, 1995, an application for employment by a ward of a teacher who died-in-harness should be submitted within two years from the date of death of the teacher and the ward of the deceased teacher must possess the requisite minimum educational qualifications and other qualification on the date on which he/she submitted his/her application praying for such appointment.

(2.) IN such a fact situation, it is the admitted position that the writ petitioner was a minor at the time of death of his father. He remained a minor even at the point of expiry of the two year period, which is the time frame under the relevant rules for the purpose of making an application for appointment on compassionate ground under the died-in-harness category. IN this context, one may take note of the observations made by a Division Bench of this Court in the case of Sajal Kumar Mondal v. State of West Bengal & Ors. reported in 1999 Lab I.C. 3405. IN that judgment, the Division Bench held, inter alia, as follows: