BIMAL KUMAR GAYEN Vs. STATE

JUDGEMENT

(1.) It is the case of the petitioners that the petitioner no. 1 is the eldest son and petitioner no. 2 is the widow of the deceased Santosh Kumar Gayen was died in harness on 23.2.1984. At that time the said Santosh Kumar Gayen, since deceased, was working as a Head teacher, Dera Rajkrishna Prathamik Vidyalaya under Pichaboni Circle under the District School Board (P.E.) Midnapore. The said Santosh Kumar Gayen, deceased, left behind him his wife, Smt. Sakuntala Gayen being the petitioner no. 2 and four unmarried daughters and three minor sons including petitioner no. 1 Bimal Kumar Gayen as his legal heirs. The Petitioner no. 2, widow of the aforesaid Santosh Kumar Gayen applied to the concerned authority i.e. the then District School Board, Midnapore for her appointment in her deceased husbands place on 23.4.1984 through the Sub-Inspector of Schools, Pichaboni Circle, Midnapore. The Petitioner no. 1 who is the eldest son of deceased Santosh Kumar Gayen was at that time a student of Class-VIII and was a minor. Petitioner no. 1 passed the School Final Examination (Madhyamik) in the year 1987 and passed the Higher Secondary Examination (12th class) in the year 1990. In the year 1990, the petitioner no. 1 attained majority. No decision was taken on the application of petitioner no. 2 i.e. the widow of the deceased and as such, the petitioner no. 1 after having attained the majority, made an application for appointment in place of his deceased father. District Primary School Council, Midnapore duly sent the proposal on the basis of the Circular dated 14.9.77 to the Director of School Education (Primary), West Bengal, respondent no. 2. The Director of School Education (Primary), West Bengal however instead of taking any decision on his own, referred the matter to the Education Department, Government of West Bengal. Assistant Secretary, Education Department, Government of West Bengal by his memo no. 98-Edn(P) dated 10.2.92 intimated to the Director of School Education, West Bengal, (Primary Unit) that the Government regrets its inability to accede to the proposal for appointment of Shri Bimal Kumar Gayen, son of Late Samosh Kumar Gayen, ex-teacher. It has been submitted by the learned Advocate for respondent, Mr. Asoke Kumar Maity that in view of the Circular no. 457-EDN-(P) /4A/50/83 dated 12.10.87 that the application for appointment in respect of died in harness cases should be considered within two years from the date of the death of the deceased, the Assistant Secretary, Education Department intimated the Director of School Education, West Bengal, (Primary Unit) that the proposal for appointment of Shri Bima1 Kumar Gayen could not be considered by the Government. It appears that the Director of School Education, W.B. (Primary Unit) however did not take any decision after receipt of such decision from the Assistant Secretary, Education Department, Government of West Bengal.

(2.) Be that as it may, the said intimation of the Assistant Secretary also does not record any reason for non-compliance of the proposal. That apart, the Director of School Education (Primary Unit) should have given his independent opinion and should not be dictated by other officers of Government.

(3.) In that view of the matter, at this stage it does not appear that the Director of School Education, (Primary Unit) has taken any decision himself and on the other hand he has kept the matter pending so long.