- (1.) The judgment of the Court was as follows: - The petitioner and the respondent have locked their horns to a solitary point whether the government order dated 12th April, 1987 survives even after promulgation of the 1991 and 2001 Recruitment Rules.
(2.) Admittedly the father of the petitioner was an Assistant Primary Teacher in the 39, Now para Primary School, under the Dhuliyan Circle, in the district of Murshidabad. He died in a road accident on 4th June, 2002 leaving behind him surviving his mother, widow and two unmarried daughters. Although, a sum of Rs. 1,300.00 per month is sanctioned to the mother of the petitioner as family pension but the said family considered the said amount too insufficient to cater the daily needs. The petitioner was minor at the time of death of her father but attained the majority within two years of his father's death and made an application within the said period. It is expressly stated in the said application that the appointment could be made to the petitioner in commensurate with her qualification. The said application was kept pending for a considerable period of time. In the mean time, the petitioner acquired a requisite qualification for being appointed to the post of Primary Teacher.
(3.) Because of the dormant and passive conduct of the respondent authorities in keeping the said representation" in suspended animation and to-awoke them by reminding their statutory responsibility, the petitioner moved a writ petition being W.P. 26379 (w) of 2007 which was disposed of by passing order dated 03.2.2011 directing the Chairman, District Primary School Council to consider the prayer of the petitioner for appointment under the compassionate ground. By the impugned decision, the said application is rejected as the petitioner failed to achieve the requisite qualification within statutory period of two years from the date of the death of her father.;