DILIP KUMAR DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner herein is the husband of an approved Assistant Teacher in Work Education and Physical Education Group in Khadimpur Girls High School, Balurghat, District Dakshin Dinajpur who died in harness on 13th December, 2005. After the death of his wife, he applied for his appointment on compassionate ground on 12th January, 2006. THE petitioner herein passed Madhyamik Pariksha under West Bengal Board of Secondary Education in 1982. As such he prayed for his appointment in any suitable post commensurate with his educational qualification in any High School.

(2.) HIS application for appointment on compassionate ground was rejected by the concerned District Inspector of Schools (S.E.), Dakshin Dinajpur, by referring to G.O. No. 697-ES dated 9th July, 2009 which prescribed the upper age limit of the ward seeking appointment on compassionate ground as 45 years within two weeks from the date of death of the concerned teacher. Since the petitioner crossed the upper age limit, the petitioner?s prayer for appointment on compassionate ground was rejected by the concerned District Inspector of Schools.

(3.) LET me now consider as to how far the said District Inspector of Schools was justified in passing the impugned order in the facts of the instant case. I have already recorded above that the wife of the petitioner who was an Assistant Teacher in a High School died in harness on 13th December, 2005. The petitioner prayed for appointment on compassionate ground. The petitioner?s prayer for appointment on compassionate ground, in my view, is required to be considered as per the law which was prevalent as on the date of death of his wife. Since his wife died on 13th December, 2005, the petitioner?s prayer for appointment ought not to have been considered in the light of the Government Order dated 9th July, 2009 by relying on which the concerned District Inspector of Schools rejected the petitioner?s prayer for appointment on compassionate ground. In fact, the said Government order was not even in existence as on the date of death of his wife. As such, while the petitioner?s prayer for appointment on compassionate ground was considered by him the said Government Order ought not to have been taken into consideration by the said District Inspector of Schools.