JAYITA KOLE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Mr. Ekramul Bari, learned counsel for the petitioner; Mr. Sougata Mitra, learned counsel for the respondent State and Mr. Biswabrata Basu Mallick, learned counsel for the respondent District Primary School Council.

(2.) This writ petition has been filed by the petitioner to set aside the order/memo of the sixth respondent dtd. 18/1/2016 and to direct the respondents to grant appointment to the petitioner under compassionate ground to the post of Assistant Teacher in Primary School.

(3.) The mother of the petitioner died in harness while she was in service in the capacity of Assistant Teacher. An application was made by the petitioner before the District Inspector of Schools on 25/1/2008. Under memo dtd. 19/11/2009, the sixth respondent rejected the application by citing paragraphs 20, 21 and Schedule 5 of the Government Order dtd. 9/7/2009. Challenging the memo, the petitioner has filed a writ petition and, by the order dtd. 31/3/2011, the said writ petition was disposed of thereby setting aside the memo and directed the District Inspector of Schools to consider the petitioner's prayer for appointment on compassionate ground on the basis of the rules which were in existence on the date of the death of the deceased teacher.