TAMAL KRISHNA CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has approached this Court being aggrieved by the contents of a memo dated 9th July, 2012, issued by the Commissioner of School Education, West Bengal, whereby the said authority came to a finding that the family of the deceased school teacher, whose son is the writ petitioner in the instant case, cannot be considered as financially so distressed that it could not arrange two square meals and other essentials for the members of the family. As such, the Commissioner rejected the prayer of the petitioner for compassionate appointment, based on the relevant provision of the West Bengal Primary School Teachers' Recruitment Rules, 2001, as contained under Chapter III para No. 14, which reads as follows:-

(2.) The writ petitioner subsequently approached this Court by filing a writ petition, being W.P. 9960(W) of 2011, which was disposed of by an order dated 6th February, 2012, whereby the concerned authority was directed to take a decision in respect of the writ petitioner's application for appointment in a primary school within a certain time frame. Based on the directions as contained in the order of this Court dated 6th February, 2012, the Director of School Education, West Bengal, (now renamed, Commissioner of School Education, West Bengal) proceeded to consider the petitioner's case for compassionate appointment and consequently issued the impugned memo dated 9th July, 2012, rejecting the proposal for compassionate appointment of the writ petitioner under the 'died-in-harness' category.

(3.) While rejecting the proposal, the Commissioner of School Education, West Bengal, considered the case of the petitioner in the light of the various Circulars, Rules and Regulations, which were prevalent at the material point of time. In this context, the Commissioner of School Education, West Bengal, referred to Chapter III para No. 14 of the notification dated 15th January, 2002, i.e. the West Bengal Primary School Teachers Recruitment Rules, 2001, which has been quoted hereinbefore and made the following observations: