P.K.Ray, J. - (1.) Heard the learned advocate appearing for the parties. In the writ application, the petitioner prayed for the following reliefs:- (a) A writ in the nature of Mandamus directing the respondent No. 3 to issue appointment letter to the petitioner on compassionate ground which would be approved by the respondent No. 2 forthwith. (b) A writ in the nature of Certiorari calling upon the respondents to produce all original records connected with the same so that the conscionable justice may be done.
(2.) It is the case in the writ application that the petitioner's mother was working as School teacher in primary school under the District Primary School Council, Malda breathed her last on 19th May, 1993 leaving behind his father, himself and another brother. It is an admitted fact in the writ application that the petitioner's father was working in the post of clerk-cum-typist under the Executive Engineer, PWD, Malda on the basic pay of Rs. 1795/- at the relevant time. Petitioner's application praying appointment on compassionate ground since was kept pending, the petitioner moved the matter in the writ Court in C.O. No. (number not stated) wherein Altamas Kabir, J. by the order dated 21.9.94 directed the concerned District Primary School Council to take steps on the issue in question. In pursuance thereof the District Primary School Council forwarded the matter to the Director of School Education, West Bengal. At this juncture the petitioner came against in this writ Court in C.O. No. 8441(W) of 1995 when the same was disposed of by the order dated 31st July, 1995 passed by G.R. Bhattacharya, J. (as His Lordship then was) directing the Director of School Education, West Bengal to consider the matter in accordance with law. In pursuance of such, the present impugned decision was reached by the Director of School Education, West Bengal on 10th April, 1996. This writ application is being opposed by the learned advocate for the District Primary School Council though no affidavit-in-opposition has been filed. On a bare reading of the impugned decision it appears that the petitioner's prayer was rejected only on the ground that the petitioner's father was working under the State of West Bengal and accordingly there was no extreme economic hardship in the family. The impugned order the concerned Officer relied upon Government Order No. 457-Edn(P) dated 12th October, 1987, which provides that for providing a job under die-in-harness category condition precedent would be that the family was in distress and in immediate need of assistance. A Rule regulating the Recruitment and Leave of Teachers in Primary Schools in West Bengal was framed in terms of section 106 of the West Bengal Primary Education Act, 1973. In terms of the said Recruitment and Leave Rules applicable to the primary teachers the appointment under died-in-harness category has been incorporated under Rule 14(1)(a), which provides as follows: 14. Appointment on compassionate ground.- The Council may appoint primary teachers with the approval of the Director on compassionate ground in the following cases wherein the opinion of the Council, the case deserve compassionate consideration:- (a) when a teacher dies in harness before the date of his superannuation leaving a family which, in the opinion of the Council shall be in extreme economic hardship. (1) the unemployed widowed wife, or (2) the unemployed son, or (3) the unemployed unmarried daughter, of the deceased primary teacher possessing required educational qualifications as laid down in sub-rules (a) and (b) of rule 6 and found eligible to teach, may make within two years from the date of such death a prayer in writing to the council for appointment as primary teacher on compassionate ground, provided that only one member of a deceased primary teacher's family may be appointed on compassionate consideration;?.
(3.) This rule was notified on 22nd November, 1991. As soon as a rule came into effect earlier, Government Circular No. 457/Edn. (P) dated 12th October, 1987 became automatically ineffective. Hence, reliance of such Government Order by the Director of School Education, West Bengal was not justified. However, taking into account of the provision of the new rule it appears that only in the case of extreme economic hardship in terms of Rule 14(a) of Recruitment and Leave Rule, the cases for appointment under die-in-harness category would be considered. Since the petitioner's father was already working in a post under the State of West Bengal, accordingly it was not a case in which after untimely death of the petitioner's mother the family had fallen to extreme economic hardship.;