- (1.) The Judgment of the Court was as follows: None appears on behalf of the District Primary School Council, Burdwan, when the matter is taken up for consideration although learned advocate representing the State is present.The writ petitioner is the son of an assistant teacher of Raigram High School situated in the district of Burdwan, who died-in-harness on 7th June, 2005. Upon the death of the teacher, the Headmaster of the school, by a memo dated 16th August, 2005, approached the concerned District Inspector of Schools with a prayer for appointment of the writ petitioner on compassionate ground in the died-in-harness category. A copy of the said memo handed up by the learned advocate for the writ petitioner may be kept on record. Subsequently, by another memo dated 10th November, 2006, the Headmaster forwarded some additional papers relating to the prayer for compassionate appointment of the writ petitioner to the concerned District Inspector of Schools. A copy of the said memo which is also handed up by the learned advocate for the petitioner may be kept on record.
(2.) Thereafter, for almost three years the concerned District Inspector of Schools did precious little to consider the prayer for compassionate appointment of the writ petitioner in the died-in-harness category. Then, on 30 July, 2009, the District Inspector of Schools (SE) Burdwan. issued a memo to the writ petitioner for submission of option for sponsoring name as primary teacher/ for non-teaching post on compassionate ground. The writ petitioner was also directed to attend the office the said District Inspector of Schools on 14th August, 2009, along with original copies of testimonials and other documents as stated in the said memo. Subsequently, on 27th January, 2010, the Chairman, District Primary School Council, Burdwan, requested the writ petitioner to appear for a personal hearing at the office of the Council on 12th February, 2010, with all original certificates and testimonials together with admit card for Madhyamik/School Final/Higher Secondary Education. Other papers, as stated in the said memo dated 27th January, 2010, were also directed to be furnished by the writ petitioner to the Council.
(3.) It appears from record that the District Primary School Council, Burdwan, subsequently forwarded the proposal of appointment of the writ petitioner on compassionate ground to the office of the Director of School Education, West Bengal, by a memo bearing No. 8722 dated 1st November, 2010. This proposal of the Council was considered and rejected by the Director of School Education, West Bengal, which appears from a memo dated 2nd June, 2011, issued by the Director of School Education, West Bengal, addressed to the Chairman, District Primary School Council, Burdwan, a copy whereof, handed up by the learned advocate for the State, may be kept on record. The only reason for rejection of the proposal of the District Primary School Council, Burdwan, for appointment of the writ petitioner on compassionate ground, under the died-in-harness category, appears to be based on a Government Order dated 26th June, 2009. It has been categorically observed in the said memo dated 2nd June, 2011, that the family of the deceased teacher cannot be treated as financially distressed as per of the said Government Order.;