- (1.) THE writ petitioner's father was an assistant primary school teacher who was born on 5th April, 1949. As an assistant primary school teacher, he was to superannuate from service upon completion of sixty years of age. He died on 4th April, 2009. Subsequent to the death of his father, the writ petitioner applied for being considered for appointment on compassionate ground under the diedin-harness category. His prayer was ultimately rejected by the Director of School Education, Government of West Bengal. Aggrieved, he has filed the instant writ petition.
(2.) THE reason for rejection of the writ petitioner's prayer for appointment on compassionate ground by the Director of School Education, West Bengal, (Primary Branch), appears to have been communicated to the writ petitioner by the Chairman of the District Primary School Council, Murshidabad, vide memo dated 24th December, 2009, being Annexure P-6, to the instant writ petition. Perusing the same, it appears that the Director of School Education, West Bengal, (Primary Branch), rejected the prayer of the writ petitioner for appointment on compassionate ground in the died-in-harness category, citing a Government Order, bearing no.111-Edn(P) dated 12th February, 1992, and stating that the teacher died on the date of his superannuation. It appears that the aforementioned Government Order dated 12th February, 1992, has not been correctly applied by the Director of School Education, Government of West Bengal, in the facts and circumstances of the instant case. There is a clear distinction between date of superanuation and last 2 working date. The date of superannuation would mean cessation of masterservant relationship between the employer and employee. In the instant case, such cessation of master-servant relationship would have occurred only upon completion of sixty years of age of the father of the writ petitioner and not earlier. The birthday of the deceased school teacher was 5th April, 1949. He died on 4th April, 2009. Thus, completion of sixty years of age fell short by a day. Had he even been alive passed midnight of the night of 4th April, 2009, he would have completed sixty years of age, but that was not to be. In such facts and circumstances, the decision of the Director of School Education, West Bengal, (Primary Branch), as communicated to the writ petitioner by the Chairman of the District Primary School Council in terms of memo dated 24th December, 2009, is liable to be set aside and is hereby set aside.
(3.) THE Director of School Education, West Bengal, shall reconsider the matter in the light of the observations made hereinabove and take a decision supported with cogent reasons, preferably within a period of twelve weeks, but not later than sixteen weeks from the date of communication of a photostat certified copy of this order. Urgent photostat certified of this order, if applied for, shall be given to the parties.;