- (1.) The writ petitioner has approached this Court being aggrieved by the contents of a memo dated 9th July, 2012, issued by the Commissioner of School Education, West Bengal, whereby the said authority came to a finding that the family of the deceased school teacher, whose son is the writ petitioner in the instant case, cannot be considered as financially so distressed that it could not arrange two square meals and other essentials for the members of the family. As such, the Commissioner rejected the prayer of the petitioner for compassionate appointment, based on the relevant provision of the West Bengal Primary School Teachers' Recruitment Rules, 2001, as contained under Chapter III para No. 14, which reads as follows:- The Council may appoint primary teachers, with the approval of the Director of School Education, West Bengal or his authorized officer, on compassionate ground in the following cases where, in the opinion of the council, the cases deserve compassionate consideration:-(1) when a teacher dies in harness before the date of his superannuation i.e. at the age of 60 years, leaving a family which, in the opinion of the council, is in extreme financial hardship that is it fails to provide two square meals and other essentials to the surviving members of the deceased teacher's family, the following members of the deceased teacher's family, viz. the (a) widowed wife, or (b) widower, or (c) son, or (d) unmarried daughter, or (e) divorcee dependent daughter-divorced before the date of death of the teacher, possessing required educational qualifications as laid down in Clause (a) and (c) of sub-rule (1) of Rule 6 and unemployed, and not below 18 years of age and not above 45 years of age 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 ground. From the records it appears that the father of the writ petitioner was the Head Master of a high school in the district of Hooghly. He died on 23rd November, 2003, whilst in service. The writ petitioner is his only son. He applied for appointment on compassionate ground under the 'died-in-harness' category to the concerned authority, which, in turn, sent all papers to the Chairman, District Primary School Council, Hooghly, vide memo dated 4th January, 2007. The Chairman, District Primary School Council, Hooghly, thereafter, sent a formal proposal for approval of appointment in favour of the writ petitioner on compassionate ground under the 'died-in-harness' category to the Director of School Education, West Bengal, vide his memo dated 26th March, 2007.
(2.) The writ petitioner subsequently approached this Court by filing a writ petition, being W.P. 9960(W) of 2011, which was disposed of by an order dated 6th February, 2012, whereby the concerned authority was directed to take a decision in respect of the writ petitioner's application for appointment in a primary school within a certain time frame. Based on the directions as contained in the order of this Court dated 6th February, 2012, the Director of School Education, West Bengal, (now renamed, Commissioner of School Education, West Bengal) proceeded to consider the petitioner's case for compassionate appointment and consequently issued the impugned memo dated 9th July, 2012, rejecting the proposal for compassionate appointment of the writ petitioner under the 'died-in-harness' category.
(3.) While rejecting the proposal, the Commissioner of School Education, West Bengal, considered the case of the petitioner in the light of the various Circulars, Rules and Regulations, which were prevalent at the material point of time. In this context, the Commissioner of School Education, West Bengal, referred to Chapter III para No. 14 of the notification dated 15th January, 2002, i.e. the West Bengal Primary School Teachers Recruitment Rules, 2001, which has been quoted hereinbefore and made the following observations: ...From records, it appears that the petitioner's mother received Rs. 1,40,000/- as Provident Fund, Rs. 2,26,800/- as death gratuity and had been drawing gross enhanced family pension Rs. 9888/- per month. She has also got her pension. In consideration of the above mentioned financial position of the family at the material point of time, I am of the opinion that the family cannot be considered as financially so distress (ed) that it could not arrange two square meals and other essentials for the members of the family. Therefore, the prayer of the petitioner for compassionate appointment is rejected.;