HARADHAN MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ALTHOUGH , the question involved in this writ application relating to appointment on compassionate grounds had been considered even very recently both by the Hon'ble Supreme Court and the various High Courts, it is apparent that certain stay arose still exist, which require further consideration.

(2.) THE petitioner's father died while serving as a teacher in a local primary school. On his death, his elder son, namely, the petitioner's elder brother, was appointed as a teacher in his place on May 22, 1987, on compassionate grounds. While serving in the said school, the petitioner's elder brother also died a premature death on October, 1993, just about six years after his appointment. Being a bachelor, the petitioner's elder brother did not leave behind any wife or children, but his widowed mother and the petitioner, as his only near relations.

(3.) IT is the petitioner's case that after the death of his elder brother, his mother applied to the Chairman, Ad hoc Committee, Birbhum District Primary School Council, to appoint the petitioner in place of his elder brother, also on compassionate grounds, since the purpose for which such appointment had been given to the petitioner's elder brother remained unfulfilled as a result of his untimely death.