JOYMALYA BAGCHI,J. - (1.)THE petitioner 's father late Narayan Chandra Mandal was an assistant teacher at Dekhuria Joykali Shiksha Niketan Junior High School, Birbhum. The petitioner 's father died-in-harness on 20.03.1986. Under the existing rule being para 2 of G.O. No. 4-SE (Primary) dated 02.01.1995 an application for compassionate appointment of an ward of a teacher who died in harness is to be made within two years from the death of the concerned teacher.
(2.)IN the event, the application is made beyond the said period but within four years from the death of the concerned teacher and the authority is satisfied that due to special circumstances involving illness, physical inability of the applicant had failed to submit the same in time, such delay in filing the application may be condoned and the same shall be considered on merits. ]
On 05.06.1986 the petitioner 's mother made an application for appointment on compassionate ground before the District Inspector of Schools (S.E.), Birbhum. She received two letters from the Secretary of Barsal and Mallarpur Girls ' High School instructing her to appear before the adhoc selection sub-committee for interview which was to be held for recruitment of Class IV staff. She appeared before the interview but she proved unsuccessful and was not given any appointment. After a lapse of 13 years from the death of the father of the petitioner, the petitioner having attained the majority and having passed Madhyamik examination applied through his mother for appointment on compassionate ground in place of his deceased father.

The respondent authorities having not taken any step in the matter, the petitioner moved an earlier writ petition being W.P. No. 384 (W) of 2000 which was disposed of by this Court by order dated 14.06.200 directing the D.I. of Schools (S.E.), Birbhum to consider the prayer of the petitioner for appointment on compassionate ground within a time frame. Pursuant to such direction, by the impugned order dated 20.02.2000 the D.I. of Schools (S.E.), Birbhum rejected the prayer of the petitioner on the ground that the same was beyond the period of limitation as provided in para 2 of G.O. No. 4-SE (Primary) dated 02.01.1995 for making such application for appointment on compassionate ground.

(3.)THE petitioner has challenged the impugned order in the instant writ petition.
Mr. Chottopadhyay, learned advocate appearing for the petitioner, submitted that the petitioner had applied for appointment on compassionate ground upon attaining majority and that this Court by its earlier order dated 14.06.2000 had directed the D.I. of Schools (S.E.), Birbhum, the respondent no. 3 herein, to consider the application for compassionate appointment preferred by the petitioner. He relied on the following decisions in support of his contention :

(i) 2011 (1) WBLR (Cal) 664 (ii) 2011 (2) CHN (Cal) 17 (iii) 2010 (1) CHN (Cal) 665 (iv) 2008 (1) C.L.T. 217 (H.C.) (v) 2012 (2) CHN (Cal) 423