SHYAMA PROSAD ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition, the petitioner, whose father had worked as an Assistant Teacher in Bhaturia Primary School under P.S. Nandigram, District - Midnapore died on 13th Novermber, 1990, has filed an application for being absorbed as an Assistant Teacher in stead of his father under 'died-in-harness' category. The facts leading to the present writ petition are as follows:-

(2.) That the petitioner's father Satyendra Kumar Roy was an Assistant Teacher in Bhaturia Primary School. During the tenure of his service there was no adverse remark and/or disciplinary proceeding against him. Petitioner's father was given extension after completion of his service at the age of sixty years while during extension from 1st April, 1990 to 31st March, 1991, the Managing Committee recommended for fourth term extension and accordingly, the Chairman, Ad-hoc Committee of the Midnapore District Primary School Council approved the same. But unfortunately, petitioner's father died-in-harness on 30th November, 1990 and in support of his death, the petitioner has enclosed a copy of death certificate, marked as Annexure -'B' to the writ petition.

(3.) The petitioner has, inter alia, prayed that as per the circular of the Government of West Bengal under Primary Department if a teacher dies in harness then any one of the wards of the said teacher is entitled to be absorbed as teacher/any other post after taking into consideration of his eligibility and suitability. The petitioner's other members of the family i.e. mother, brother and sister submitted an application to the respondent No.2 stating thereby that they had no objection if the petitioner was suitably adjusted in place and stead of the petitioner's father. The petitioner, thereafter, appears to have submitted an application to the respondent No.2 by way of a proforma on 10th May, 1991, which is quite within the time-frame. The Sub-Inspector of Schools sent the case record with recommendation for appointing the petitioner on 'died-in-harness' categoty. It further appears that the School Board, Midnapore in Memo No. 3123 dated 18th July, 1991 sent the necessary papers to the Director of School Education (Primary) for appropriate direction. The petitioner was subsequently, asked by the District School Board to furnish an Income Certificate from the local Panchayat. Accordingly, he attended all the queries made by the District School Board. The petitioner complained that the circular issued in the year 1992 has no application at all in the District of Midnapore as the said circular was followed more in breach than observance. Tirthabasi Sahoo, an Assistant Teacher who was working in Khadambari Primary School died-in-harness on 14th October, 1990. During his 2nd turn of extension of service his ward Sanjoy Kr. Sahoo got letter of appointment on 2-7-1992 in Memo No.2678/3/ES. Therefore, it is not understood why the petritioner has been meted with discriminatory treatment by not getting the appoitment after the death of of his father. The letter of appointment of Sanjoy Kr. Sahoo is anexed as 'G' to the writ petition. Petitioner has, however, claimed that after the demise of his father, economic condition of the family was totally shattered and to save the family of the petitioner from economic vagaries, the authority should sympathetically, appoint the petitioner in a suitable post. Since the respondent No. 2 observed total silence in the matter and had taken a non-challenge attitute, it compels the petitioner to knock the doors of the court.