SUSANTA PAINE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ application is filed seeking the substantive relief as under;

(2.) It is the case of the petitioner that his father died on 29.4.81 leaving behind him his widow, two minor sons including the petitioner and one daughter in extreme helpless state and distress condition. The petitioner was then mere child of 6 to 7 years. The petitioner's father was at that time in service as an Assistant Primary Teacher of Gumai Sitala Primary Schools within the District of Midnapore.

(3.) The petitioner after having obtained the qualification of Madhyamik pass made an application before the Chairman, Adhoc Committee, Midnapore praying for appointment as an assistant teacher in a primary school on compassionate ground being annexure 'A' to the writ application dated 1.10.93. The petitioner was informed by a letter being Memo. No. 3167 dated 17.8.94 that as per the letter being 1409 SC dated 21.7.84 of the Director of School Education, respondent No. 3 the prayer of the petitioner for appointment on compassionate ground has been rejected for the reason that the application was made after the lapse of 13 years. The petitioner thereupon filed a writ application being C.O. No. 16394(W) of 1995 which was disposed of by an order dated 23.4.96 granting liberty to the petitioner to make further application to the concerned authorities which was directed to dispose of the same within 8 weeks from communication of that order. No copy of the order passed in writ application No. 16394(W) of 1995 has been placed on record by the petitioner but in the writ application, it is stated that the direction was to the effect that the authority will not take into account the previous rejection order as well as its grounds for such rejection.