SOURAV JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has prayed for cancellation of the Memo 22/3/2013 passed by the respondent no. 2, the Commissioner of School Education, West Bengal wherein the respondent no. 2 has rejected the request made by the petitioner for appointment on compassionate ground on account of death of his father late Sudhansu Kumar Jha. The petitioner further prayed for a direction upon the respondent no. 2 to accord approval of compassionate appointment of the petitioner and to send the same to the respondent no. 4, Chairman, Malda District, Primary School Council for appointment of the petitioner.

(2.) The father of the petitioner was appointed as Primary School Teacher and joined as Assistant Teacher of Mitna Primary School under Harishchandrapur (South) Circle, Malda on 29/10/2003. The father of the petitioner Sudhansu Kumar Jha died on 13/10/2006. After the death of the father of the petitioner, the mother of the petitioner has made a representation to the respondent authorities informing the school authorities regarding the death of her husband and taking appropriate steps for their survival. At the time of the death of the father, the petitioner was minor. As per the Birth Certificate, the date of birth of the petitioner is 22/12/1993. When the petitioner attained majority, the petitioner has started making representation to the authorities for appointment on compassionate ground on account of the death of his father as his father died-in-harness. The representation of the petitioner was duly forwarded by the school authorities to the Chairman, Malda District Primary School Council for consideration vide their application dt. 20/1/2012.

(3.) On receipt of the representation submitted by the petitioner, the Commissioner of School has rejected the claim of the petitioner vide Memo 22/3/2013 stating inter alia: