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2012 DIGILAW 1048 (CAL)

Tania Islam v. State of West Bengal

2012-12-18

Pranab Kumar Chattopadhyay, Tarun Kumar Das

body2012
Judgment This application has been filed in connection with the appeal preferred from the judgment and order dated 31st August, 2012 whereby and whereunder a learned Judge of this Court disposed of the writ petition rejecting the claim of the appellant/petitioner for appointment to the post of Primary School Teacher on compassionate ground. 2. Going through the records, we find that the teacher concerned died-in-harness on 19th September, 2007. The widow of the deceased teacher submitted an application before the Chairman, Malda District Primary School Council for appointment of her daughter, namely the appellant herein, as Primary School Teacher on compassionate ground. The said daughter of the deceased teacher was, however, below 18 years at the relevant time and, therefore, question of considering the aforesaid prayer of the widow by the Malda District Primary School Council could not and did not arise. The respondent-Council, however, could offer an employment to the widow concerned to a suitable post since the daughter of the said deceased teacher below 18 years at that relevant time. 3. In any event neither the prayer of the widow of the deceased teacher was rejected by the Council nor any offer was given to the widow for appointment to any suitable post on compassionate ground. However, it is not in dispute that the family of the deceased teacher started facing acute financial hardship on account of sudden demise of the said teacher. 4. The widow of the said deceased teacher again requested the authority concerned to consider the prayer for appointment of her daughter on compassionate ground after the said daughter became 18 years old. This time, the Malda District Primary School Council considered the aforesaid prayer of the widow and forwarded the proposal for appointment of the daughter of the deceased teacher, namely the appellant herein. 5. The Director of School Education, West Bengal by the memo dated 16th June, 2011 refused to accord approval to the aforesaid proposal for appointment of the appellant on compassionate ground since the appellant attained majority after three years from the date of death of the teacher concerned. 6. There is no doubt that the widow of the deceased teacher made a claim for appointment of the appellant herein on compassionate ground although at the relevant time the said appellant did not attain the majority. 7. 6. There is no doubt that the widow of the deceased teacher made a claim for appointment of the appellant herein on compassionate ground although at the relevant time the said appellant did not attain the majority. 7. We are of the opinion that upon considering the financial condition of the family of the deceased teacher it was the duty of the respondent-Council to offer an employment to the widow concerned without any further delay specially when the widow was major and submitted an application claiming employment on compassionate ground for a family member of the deceased teacher. 8. The identical issues were considered by this Court in the case of Syed Iftikar Ali vs. State of West Bengal & Others reported in 2011 (2) CHN (CAL) 17. 9. In the aforesaid decision the Division Bench of this Court relied on the earlier decision of the Hon’ble Supreme Court in the case of Syed Khadim Hussain vs. State of Bihar & Others reported in (2006) 9 SCC 195 . The relevant extracts from the aforesaid Division Bench judgment of this Court in the case of Syed Iftikar Ali (Supra) are set out hereunder:- “(6) Mr. Bari, learned Counsel referred to and relied on the decision of the Hon’ble Supreme Court in the case of Syed Khadim Hussain vs. State of Bihar & Ors. Reported in 2006(9) SCC 195 , wherein the Hon’ble Supreme Court considered the identical issue as hereunder : “As the widow had submitted the application in time the authorities should have considered her application. As eleven years have passed she would not be in a position to join the Government service. In our opinion, this is a fit case where the appellant should have been considered in her place for appointment. Counsel for the State could not point out any other circumstance for which the appellant would be disentitled to be considered for appointment. In the peculiar facts and circumstances of this case, we direct the respondent authorities to consider the application of the appellant and give him appropriate appointment within a reasonable time at least within a period of three months. The appeal is disposed of in the above terms. In the peculiar facts and circumstances of this case, we direct the respondent authorities to consider the application of the appellant and give him appropriate appointment within a reasonable time at least within a period of three months. The appeal is disposed of in the above terms. No costs.” (7) Considering the aforesaid decision of the Hon’ble Supreme Court, we are also of the opinion that the present case, the Director of School Education, West Bengal should not have rejected the proposal for appointment of the appellant herein on the ground that the said appellant reached 18 years of age after six years from the date of death of the teacher concerned without appreciating the fact that the Chairman, Hooghly District Primary School Council sent the proposal for appointment of the appellant on compassionate ground in view of the special fact that the widow of the deceased teacher claimed appointment on compassionate ground within the time limit and pending consideration of such claim the said widow surrendered her claim in favour of the appellant herein due to her ill health. Furthermore, the authorities concerned failed to consider the claim of the widow of the deceased teacher for appointment on compassionate ground even though appropriate application/representation was submitted by the said widow within the prescribed time limit. “ 10. Following the aforesaid decision of this Court in the case of Syed Iftikar Ali (Supra), we are of the opinion that in the present case also the Director of School Education, West Bengal should not have rejected the proposal forwarded by the Malda District Primary School Council for approval of appointment of the appellant herein on compassionate ground. 11. The learned Single Judge has committed an error in deciding the issues raised in the writ petition and erroneously held that the decision of this Court in the case of Syed Iftikar Ali (Supra) has no manner of application in this case without appreciating the said decision in an appropriate manner. 12. For the aforementioned reasons, we are constrained to hold that the impugned judgment and order under appeal passed by the learned Single Judge cannot be sustained and the same is accordingly set aside. 13. 12. For the aforementioned reasons, we are constrained to hold that the impugned judgment and order under appeal passed by the learned Single Judge cannot be sustained and the same is accordingly set aside. 13. The Director of School Education, West Bengal is directed to approve the proposal of the Chairman, Malda District Primary School Council for appointment of the appellant on compassionate ground at an early date but positively within a period of three weeks from the date of communication of this order. 14. Needless to mention that the Chairman, Malda District Primary School Council will issue a letter of appointment in favour of the appellant/petitioner immediately after receiving the formal approval in this regard by the Director of School Education, West Bengal. 15. With the aforesaid directions both the application as well as the appeal stands allowed upon treating the said appeal as on day’s list. 16. In the facts of the present case, there will be no order as to costs. Let a Photostat plain copy of this order duly counter signed by the Assistant Registrar (Court) be handed over to the learned advocates for the parties on usual undertaking.