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2006 DIGILAW 752 (CAL)

RANABIR MAHATO v. STATE OF WEST BENGAL

2006-11-30

JAYANTA KUMAR BISWAS

body2006
Before Jayanta Kumar Biswas, J. ( 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. ( 4 ) I do not find any reason to interfere in the matter. Till the date of expiration of the statutory period of petitioner was just not eligible to apply for compassionate appointment. ( 4 ) I do not find any reason to interfere in the matter. Till the date of expiration of the statutory period of petitioner was just not eligible to apply for compassionate appointment. In terms of provisions of the West Bengal primary School Teachers' Recruitment Rules, 2001, Rule 14, he would have been entitled to apply only on reaching the age of eighteen. I do not agree with counsel that the chairman of the council did not mention that the petitioner was ineligible. From the impugned decision it is apparent that the chairman found him not eligible in terms of the relevant government order. True it is that he did not specifically mention anything about the age of the petitioner. But that, in my view, will not make any difference in the case. ( 5 ) A copy of the admit card of the petitioner has been produced before me (and it has been shown to counsel for the petitioner ). Admittedly within the statutory period of two years the petitioner was below eighteen. He reached eighteen only on November 3, 2005, while the statutory period had expired on July 24, 2005. The Government Circular dated January 2,1995 has no manner of application to the case which is governed by the above-mentioned statutory recruitment rules. Besides, under the 1995 government order his case would not have called for consideration. The period of two years previously fixed could be extended by the competent authority under very special circumstances involving serious illness or physical inability. ( 6 ) FOR these reasons the writ petition is dismissed. There shall be no order for costs in it. Urgent certified xerox copy of this order shall be supplied to the parties, if applied for, within three days from the date of receipt of the file by the section concerned.