RANABIR MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is questioning the decision of the Chairman of Purulia District Primary School Council dated May 05, 2006 rejecting his application seeking compassionate appointment. The decision is as follows : "With reference to his prayer for appointment on compassionate ground in died- in-harness category he is informed that the case is not within the purview of the G. O. in which it has been stated that the prayer of a teacher ward may be considered for appointment on died-in-harness category if his claim be furnished within 2(two) years from the date of death of the teacher possessing requisite qualification in all respects". Counsel for the petitioner submits that the application was submitted within the statutory period of two years from the date of death of the petitioner's father who was a primary school teacher.

(2.) Father of the petitioner died-in-harness on July 24, 2003. He was survived by his widow, three sons and an unmarried daughter. After passing the Secondary Examination, 2003 conducted by the West Bengal Board of Secondary Education the petitioner submitted application on August 2, 2004 seeking compassionate appointment. Counsel submits that since the application was filed within the statutory period of two years from the date of death of the teacher concerned, the council was not authorized to reject it.

(3.) Counsel for the District Primary School Council submits that at the date of filing the application the petitioner was below eighteen, and hence he was not eligible to be considered for any appointment. Counsel for the state produces admit card of the petitioner showing that he was born on November 3,1987. His argument is that since that petitioner was not eligible at the date he submitted the application, the chairman of the council rightly rejected the prayer for compassionate appointment. Counsel for the petitioner subjects that in view of the State Government Circular No. 4-Sc(Pry.)/4A-17/54 dated January 2, 1995 the authority ought to have considered the fact that because of special circumstances the application of the petitioner deserved consideration on merits.