PRATHA SARATHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner approaches this Court in a second round of litigation. Earlier, he had filed a writ petition, being W.P. No. 15346 (W) of 2009, challenging an order of the Director of School Education, West Bengal, rejecting the proposal of the District Primary School Council, Malda, to give compassionate appointment to him under the 'died-in-harhess' category. By a judgment and order dated 8th January, 2010, Her Ladyship, the Hon'ble Justice Indira Banerjee disposed of that writ petition setting aside the order of the Director of School Education, West Bengal, and directing him to take a fresh decision in accordance with law, in the light of the observations made in that judgment. The decision of the Director of School Education, West Bengal, which was rendered on 26th August, 2010, is now under challenge in the present writ petition.

(2.) Relying on a Government Order dated 17th December, 2007, the Director of School Education, West Bengal, rejected the proposal of the Chairman, District Primary School Council, Malda, for reconsideration of the case of the writ petitioner for appointment on compassionate ground under the 'died-in-harness' category. In his decision, the Director of School education, West Bengal, has categorically observed that the Government Order dated 17th December, 2007, was relevant in the instant case and the writ petitioner was not entitled to any relief.

(3.) Before closely scrutinizing the decision making process which resulted in the impugned decision rendered by the Director of School Education, West Bengal, on 26th August, 2010, it is, perhaps, necessary to state briefly, some relevant facts.