SONAMUKHI MAHANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is the widow of one approved Assistant Teacher of Upendra Narayan Smriti Primary School, Rampurhat, Birbhum. After the death of her husband in April, 1997, the writ petitioner applied to the appropriate authority for enlistment of her name for compassionate appointment under the "dying-in-harness" category within the prescribed period. The respondent authority allowed such prayer and her name was enlisted for consideration of her appointment under the "dying-in-harness" category. She was also received calls, twice for interviews in different schools and she availed such opportunity but failed to succeed. Subsequently, she applied to the District Inspector of Schools (S.E.), Rampurhat, the respondent No. 3 for enlistment of the name of her son for compassionate appointment surrendering her claim on the ground, due to her illness she may not be fit for appointment and by that time, her son has become eligible for consideration. The District Inspector of Schools (S.E.), Rampurhat, Birbhum, by the impugned order being Annexure 'P-9' to the writ petition, rejected her such prayer. Hence, this writ application.

(2.) The learned Counsel appearing on behalf of the writ petitioner assailed the impugned order on the ground that according to the guidelines prescribed for appointment on compassionate ground, either the widow or dependent unemployed son or dependent unemployed unmarried daughter is eligible for consideration for compassionate appointment. It is urged that when the widow due to her illness surrendered her right and requested the respondent authorities for consideration of the case of his son, who is otherwise eligible, the respondent authorities have no valid reason to decline such prayer.

(3.) In support of his contention, the learned counsel of the writ petitioner relied on a decision of a Division Bench of this High Court in the case of Syed Iftikar Ali vs. State of West Bengal, 2011 2 CalHN 17, more particularly, on paragraph 7 of the said decision.