DEBIRANI BHATTACHARJEE Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated February 11, 1994 passed by a learned Single Judge of this Court whereby and whereunder the said learned Judge disposed of the writ petition filed by the appellant claiming appointment on compassionate ground and/or regularisation with certain directions.

(2.) The writ-petitioners filed the writ application, inter alia, on the ground that the husband of the petitioner No. 1 and grandfather of the petitioner No.2, Sasthiram Bhattacharjee was a Class IV employee of Durgapur T.N. High School (hereinafter referred to as the said School). He died in harness on November 29, 1989, allegedly, leaving behind a widow, a son and the writ-petitioner No. 2 who is his grandson. According to the writ-petitioners, the petitioner No. 1 has been ailing for a long time and has not been in a position to work. The father of the petitioner No.2 is also a handicapped person. The writ-petitioners in support of their aforementioned contention relied on a certificate issued by Tarun Chatterjee, Member, Legislative Assembly, West Bengal, which is contained in annexure 'B' to the writ application. The Managing Committee of the said School by a Resolution dated December 9, 1989 keeping in view the financial condition of the writ-petitioner No.2 made recommendation for his appointment on a temporary basis as a Class IV employee on a salary of Rs. 300/- per month. As the appointment of the said writ-petitioner was not being approved, he filed the aforementioned writ-application along with his grandmother, praying inter alia, therein for issuance of a writ of or in the nature of mandamus directing the respondents to approve his services with retrospective effect from the date of his joining as also for a direction for payment of full salary, allowance and service benefit with effect from December 1989. It was stated that the application for approval was also submitted before the competent authority. The learned Trial Judge upon taking into consideration the relevant circulars disposed of the writ application with a direction to the District Inspector of Schools (S. E.) Burdwan to refer the matter to the Director of School Education and to consider the representation of the said petitioner dated 'November 30, 1989 as contained in annexure 'D' to the writ application in the event his case comes within the purview of 'died in harness circular'.

(3.) Mr. Pratap Roy, learned Counsel for the appellants, has principally raised three contentions in support of this appeal. The learned counsel submits that the meaning of 'ward' as stated in paragraph 5 in the circular letter dated October 12, 1987 should be given a wide meaning so as to encompass within its ambit such persons who are living under the same roof and has moral duty, if not legal, to maintain his parents and ailing grand mother. It was submitted that the circulars issued by the State of West Bengal for the purpose of grant of appointment on compassionate ground being a beneficient provision should be construed liberally and in support of his aforementioned contention reliance has been placed on Baldev Sharma v. R.C. Vasin. Mr. Roy would contend that the definition of 'ward' does not exclude the other blood relation and/or other members of the family. Reliance in this connection, has been placed on the meaning of the word, 'Family 'as contained in Black's Law Dictionary at page 543. As regards the decision of the Supreme Court of India, it was submitted that in the said decision there was no provision for relaxation which exists in the instant case. It was also submitted that the State having a duty to impart education in terms of the constitutional mandate, must also take steps to fill up the posts, inter alia upon taking recourse to the circulars issued by it. It was urged that as under Rule 28 of the Management of Recognised Non-Government Institution (Aided and Unaided) Rules, 1969, all the circulars issued by the State are binding on all the State authorities, the circulars issued by the labour department as also the recent circular of the State dated March 13, 1996 are also binding on them. Mr. Roy would further submit that for the purpose of consideration of appointment on compassionate ground financial condition of the family has to be taken into consideration. Reliance in this connection has been placed on.