SAYERA BANU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been filed in connection with the appeal preferred from the judgment and order dated 22nd June, 2012 whereby and whereunder the said learned Judge while disposing the writ petition filed by the appellants herein directed the Director of School Education, West Bengal to consider the claim of the appellants for appointment on compassionate ground afresh in the light of the earlier order passed by the learned Single Judge on 18th August, 2011. Going through the records we find that the claim for appointment on compassionate ground of the appellant No. 2 was rejected repeatedly by the Director of School Education on the ground that the said appellant No. 2 has completed 18 years of age after the expiry of the prescribed period for submission of the application for appointment on compassionate ground. The Director of School Education in the order dated 2nd February, 2012 mentioned that the appellant No. 2 has completed 18 years of age after expiry of 2 years 6 months from the date of death of his father. There is no dispute that the mother of the appellant, namely the widow of the teacher concerned submitted an application within a couple of months after the death of the teacher concerned. As a matter of fact, the teacher concerned died on 15th February, 1999 and the widow of the deceased teacher submitted an application on 13th April, 2000.

(2.) Considering the aforesaid fact that the widow of the deceased teacher submitted the application within the statutory period and also considering the decision of the Supreme Court in the case of Syed Khadim Hussain vs. State of Bihar & Others, 2006 9 SCC 195 the Director of School Education should not have refused to approve the proposal for appointment of the appellant No. 2 on the ground that the said appellant had completed 18 years of age after expiry of 2 years 6 months from the date of death of the teacher concerned.

(3.) The learned Single Judge while deciding the earlier writ petition filed by the appellants herein being W.P. 9137 (W) of 2007 passed the order on 18th August, 2011 upon observing that the Director of School Education should not have refused to approve the proposal for appointment of the appellant No. 2 herein on the aforesaid ground that the said appellant had reached 18 years of age after expiry of 2 years 6 months from the date of death of the teacher concerned without appreciating the fact that the widow of the deceased teacher claiming appointment on compassionate ground had applied within the prescribed time limit. The aforesaid order was duly communicated to the Director of School Education and even thereafter the said Director of School Education refused to approve the proposal for appointment of the appellant No. 2 herein on compassionate ground. The learned Single Judge while deciding the earlier writ petition specifically rejected the ground of objection raised on behalf of the Director of School Education, West Bengal and the said order reached its finality since no appeal was preferred from the said order. The Director of School Education, therefore, had no occasion to reject the proposal for appointment of appellant No. 2 herein on compassionate ground ignoring the specific order passed earlier by the Hon'ble Court on 18th August, 2011 in W.P. 9137 (W) of 2007.