SAYERA BANU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has challenged the decision of the District Primary School Council, Murshidabad, vide Memo No. 4422/D/H dated 9th February 2007, whereby and whereunder the application seeking appointment on compassionate ground by the ward of the deceased teacher was rejected. Admittedly, the father of the petitioner was an assistant teacher in a primary school under the District Primary School Council, Murshidabad. He breathed last on 15th February, 1999. The widow of the deceased teacher made an application on 13th April, 2000 for appointment of her son on compassionate ground. The said application is not disposed of by the authorities. While the same was still pending, the petitioner No. 2 made an application on 26th June, 2003 praying for his appointment on compassionate ground. Simultaneously, the mother of the petitioner No. 2 also made an application on the same date seeking appointment of the petitioner No. 2 on compassionate ground.

(2.) The Director of School Education issued a Memo, bearing No. 713-SC/P/7P-12P-2003 dated 17th April, 2003, requesting the Chairman, District Primary School Council, Murshidabad to submit the proposal for appointment of the son of the petitioner along with all relevant papers with his commentary and recommendation for taking several steps in this regard. Instead of forwarding the recommendation, as desired by the Director of School Education, the Chairman, District Primary School Council, by the impugned decision, rejected the said application of the petitioner, in terms of Memo No. 1132/SC-P/7P-12P-2003 dated 24th July, 2006.

(3.) Mr. Bari, learned Advocate appearing for the petitioner, submits that the Rules regulating the Leave of the Teachers in Primary School, promulgated in the year 1991 provides that on the death of the teacher while in service one of the members of the family as defined therein can be appointed on compassionate ground provided other qualifications, as envisaged therein, are fulfilled. He further submits that within the statutory period, as enshrined under Rule 14 of the said Rules of 1991, the widow made an application and during pendency of the said application, the petitioner acquired the eligibility qualification for being appointed to the post of an assistant teacher on compassionate ground and subsequently made an application for consideration before the relevant authorities. The said application cannot be thrown on the touchstone of relevant circular which came into existence subsequent to the death of the teacher. In support of his contention, reliance is placed upon the judgment of the Apex Court in case of Syed Khadim Hussain vs. State of Bihar & Others, 2006 9 SCC 195 and a Division Bench judgment of this Court in the case of Chairman, District Primary School Council vs. Prithwish Samanta & Ors.,2011 1 Wblr 664, Sk. Ansur Rahaman vs. The State of West Bengal & Ors.,2011 2 WBLR(Cal) 579 and Syed Iftikar Ali vs. State of West Bengal, 2011 2 CalHN 17.