- (1.) Even if we branch out from the magnificent splendour of Article 15(3) of the Constitution of India and look beyond the shadows of Gender Justice, we would be of the view the situation would remain as mellifluous as before.
(2.) Matrimony, which otherwise, is a bliss and contentment for a person, worked out to be much to her impairment in course of the sequence of events that we will be required to track in this Appeal. Once upon a time in the remote village of Kundira in the District of Birbhum there lived Shri Shyama Prasad Mali, who graduated from ah Assistant Teacher of Muradgunj Primary School as its Headmaster when death claimed him. His spouse (Krishna Mali) and their only offspring, the Appellant Chitra Mali nee Mondal, not only left to mourn the loss but to fend for themselves in his absence, which cast a hollowness in their life, both in the literal sense of the term as well as in the mental form.
(3.) Late Headmaster, Shri Shyama Prasad Mali met with his end on 22.12.2004 while still he had some more tenure left. The situation in which the family (consisting of the appellant as well as her mother Krishna Mali) were pitch forked into, saw the Appellant praying for absorption in the place of her late father in the compassionate category on 29.08.2005. Be it noted that the composition of the family was certified by the Panchayat (Anhexure-P3) and the candidature in favour of the Appellant was abandoned by her mother (Annexure-P4). While, perhaps, the family was in a process of tiding over their sorrow while coping with their distress, they were further pushed into the misery of being told that the candidature of Appellant cannot be considered as the same has to be made within a period of two years from the date of death of the breadwinner and the compassionate appointee must have covered 18 years and had a Madhyamik degree. A communique (Annexure-P5) from respondent No.5, Chairman of the District Primary School Council, Birbhum dated 19.10.06 paved the way for the litigation, which we have hitherto seen.;