PURNAM PRADHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has come up before this Court questioning the impugned memorandum dated 30th June, 2006 issued by the District Inspector of Schools (SE), Purba Medinipur whereby the said District Inspector refused the prayer for appointment to the petitioner in die in harness category on the death of his mother. The peculiar facts and circumstances of the case are that the petitioner's mother Smt. Swati Maity died on 14th October, 1995 when she was working as a clerk in Jasteghori Saranan Trilochan Balika Vidyalaya, Purba Medinipur. The petitioner's father, Dilip Prodhan was taken into custody on murder charge of late Swati Maity (Prodhan), the mother of the petitioner. Ultimately, the father of the petitioner, Dilip Prodhan was sentenced with rigorous life imprisonment. At that relevant point of time the petitioner was a minor. The grandmother was appointed by the learned District Judge as a custodian of the petitioner. The petitioner attained the age of 18 years on 15th May, 2005. Thereafter on 12th December, 2005 the Managing Committee of the aforesaid school took a resolution for the purpose of registration of the name of the petitioner in die-in-harness category.

(2.) On or about 1st February, 2005 the petitioner wrote a letter to the District Inspector of Schools (SE) Tamluk, Purba Medinipur requesting to register his name in the roster in die-in-harness category. Sabhadhipati, Ramnagar-I Panchayat Samity issued a certificate in favour of the petitioner. Palgachhari Gram Panchayat also issued a certificate in favour of the petitioner on 13th January, 2006. On 13th July, 2006 the petitioner made a representation to the school authority for taking step for registration of his name in die-in-harness category. On 30th June, 2006 District Inspector of Schools (SE), communicated by a letter to the petitioner rejecting his claim for enlistment his name in die--in--harness category on the ground that the case of the petitioner is contrary to paragraph 4(1) of G.O. dated 2nd January, 1995 which stipulates that the application for employment of a ward of a teacher who died-in-harness should be submitted to the District Primary School Council/District Inspector of Schools within two years from the date of death of the concerned teacher.

(3.) Mr. Bhattacharya, learned Counsel appearing for the petitioner submits that the Circular on the basis of which the claim of the petitioner was rejected is not applicable specially when the petitioner was a minor at the time of death of his mother and in that Circular there is no specific rule which deals with such a situation. He submitted that the condition stipulated in the Circular is not at all applicable in the instant case specially when the petitioner was a minor at the relevant point of time and it was not possible for him to make an application within a period of two years when he was also a minor and his grandmother was appointed as legal guardian by a competent Court.