- (1.) The petitioner has assailed the order passed by the Chairman, district Primary School Council, Burdwan vide memo no. 4600 dated 5.12.2005 by which an application for appointment on compassionate ground filed by the petitioner was rejected.
(2.) This case has a chequered history. The father of the petitioner died in harness on 10.6.1989 leaving behind him surviving the widow and the three minor sons including the petitioner and an unmarried daughter. The mother of the petitioner applied on 9.4.1990 before the Secretary, ad hoc Committee, District School Board to consider the candidature of the petitioner to be appointed on compassionate ground. Amidst pendency of the said application further application was taken out making the identical and similar prayer by the mother of the petitioner. Lastly, the petitioner in the month of August 1992 filed an application for consideration of his candidature for appointment to the post of assistant teacher on compassionate ground. None of the aforesaid applications were considered and disposed of by the concerned authority. The petitioner filed a writ petition being C.O no. 385 of 1994 before this court which was disposed of on 25.8.1994 by directing the respondent authorities to consider the aforesaid applications in accordance with the rules/circulars.
(3.) Pursuant to the said order the District Inspector of School (PE), Burdwan considered the said application and ultimately rejected the same holding inter alia : Although the petitioner is entitled to get appointment under died-inharness category but he was not qualified at that time neither in age nor in academic as his date of birth being 18.1.72 and while he passed the MP Examination in 1992 i.e. nearly 3 years later from the date of death of his father. In order to get the benefit of employment under this category the claimant should establish his claim with requisite qualification within two years from the date of death of the incumbent as per GO no. 101 Edn(P) dated 20.2.80. ;