STATE OF WEST BENGAL Vs. PRAVAT KUMAR PAL

JUDGEMENT

(1.) There is a delay of 142 days in preferring the appeal. Sufficient cause being shown for not being able to present the appeal within a period of limitation. The delay of 142 days in presenting the appeal is hereby condoned. Accordingly, application CAN 3 of 2016 (Old CAN 1455 of 2016) is allowed and disposed of. The writ petitioner is the son of the deceased. He was minor when his father died. His father was working in the District Primary School Council, Bankura. He filed an application under the died-in-harness category after attaining the age of majority. The said application was disallowed. This has resulted in a writ petition being filed being WP 8540 (W) of 2009 in which an order was passed on 15/6/2012.

(2.) Admittedly, the father of the writ petitioner was a primary school teacher. He died on 7/11/1993 while in service. The mother of the present writ petitioner made an application for appointment on compassionate ground. However, she was not given any appointment before her death. In the meantime, the present writ petitioner along with her sister made an application praying for appointment on compassionate ground in the died-in-harness category. Since the said application was not considered, the aforesaid writ petition was filed. While disposing of the said application, the learned Single Judge observed as follows :

(3.) On that basis, the Chairman of the Council after proper enquiry, investigation and verification and upon scrutiny recommended petitioner's case for approval with a finding that the family is in financial crisis.