KALYANI BHATTACHARYYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The father of the writ petitioners who was an assistant teacher in a secondary school died in harness on 30th November 1998. On his death, his widow applied for appointment on compassionate ground. Although her name was recorded in the life register, ultimately no decision was taken on her prayer for appointment on compassionate ground. Then the son of the deceased teacher applied for appointment on compassionate ground in Die'in'harness category. His name was recorded in the life register again maintained by the office of District Inspector of School, Secondary Education, Birbhum. Be it recorded that the petitioner being the son of the deceased teacher did not have requisite qualification for being appointed as an assistant teacher in the secondary school. His name was forwarded by the District Inspector of School, Secondary Education, Birbhum to the concerned District Primary School Council for consideration of his prayer for appointment as a primary teacher.

(2.) Petitioner's prayer for appointment as a primary teacher was kept pending for a long time. Petitioner moved writ petition being WP 30091(W) of 2008 which was disposed of by this court on 31st March 2009 directing the concerned respondents to consider the representation of the petitioner and dispose of the same in accordance with law upon hearing the petitioner and passing a reasoned order within 12 weeks from the date of communication of the order passed by the Hon'ble court.

(3.) Pursuant to such direction writ petitioner was called upon by the Chairman, Birbhum District Primary School Council to submit some documents and papers. In view of such direction, petitioner submitted all papers before the Chairman, Birbhum District Primary School Council as well as the DI of School, Mollarpur East Circle, Birbhum. In spite of receipt of all those documents in August 2012, no decision was taken on the application of the petitioner for his appointment on compassionate ground. Proposal for appointment was also not sent by the Chairman of the District Primary School Council to the Director of School Education, West Bengal, now designated as Commissioner of School Education, West Bengal for approval. Thereafter second writ application was filed by the petitioner with a prayer for issuance of writ of mandamus directing the Chairman, Birbhum District Primary School Council to forward the proposal for compassionate appointment before Director of School Education, now designated as Commissioner of School Education with a further direction upon the Director of School Education to approve the same on receipt of such proposal from the Chairman. The second writ application filed by the petitioner was also dismissed by the learned single judge.