SUROJIT DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let affidavit-of-service be kept on record. This writ application is directed against an order passed by the Deputy Secretary to the Government of West Bengal, Education Department under his Memo No. 706-SE(P) dated July 28, 2004 which was communicated to the petitioner by the respondent No. 6 under his Memo No. 1326 dated December 5, 2005. By virtue of the impugned order the respondent authority rejected the prayer of the petitioner for appointing him on compassionate ground due to death of his father in harness who was a primary school teacher within the jurisdiction of the District Primary School Council, Dakshin Dinajpur. The father of the petitioner late Sarit Kumar Das breathed his last on June 11, 1999.

(2.) According to the petitioner, he submitted an application immediately after the death of his father for his appointment on compassionate ground. According to the petitioner, he attained majority of age after a period of two years from the date of the death of his father. By the virtue of the impugned decision, the respondent authority rejected the claim of the petitioner on the aforesaid ground.

(3.) Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, I find that a short point of law is involved in this writ application. It is a question relating to entertaining a claim of a dependent of a deceased primary school teacher to appoint him on compassionate ground whose claim was entertainable beyond the period of two years from the date of death of the teacher concerned. Rule 14 of the Recruitment and Leave Rules of Primary Teachers circulated under Notification No. 768-Edn(P) dated November 22, 1991 was in vogue at that point of time. The above provisions are set out below: