Debangsu Basak, J. - (1.) THE writ petitioner has assailed the decision of the Chairperson, South 24 -Parganas District Primary School Council noted in the Memo No. 1010/L dated August 21, 2013. The Chairperson has negated the prayer of the writ petitioner for compassionate appointment in the died -in -harness category by the impugned memo.
(2.) IT is submitted on behalf of the writ petitioner that, the Chairperson of the concerned Council took into account matters extraneous to the consideration to arrive at a finding of lack of financial distress of the family of the deceased teacher and, therefore, the impugned order is erroneous. According to the writ petitioner, the quantum of pensionary benefits received by the family of the deceased teacher is not relevant for the purpose of considering the financial position of the family of a deceased teacher. It is submitted on behalf of the writ petitioner that on a previous occasion the South 24 -Parganas District Primary School Council had recommended the appointment of the writ petitioner on compassionate ground in the died -in -harness category. It is contended that, there is no new material before the Chairperson of the concerned Council to take a contrary view that the one taken earlier.
(3.) IN support of the contention that the writ petitioner is entitled to appointment on compassionate ground in the died -in -harness category reliance has been placed on : 2000 Volume 6 Supreme Court Cases page 493 (Balbir Kaur & Anr. v. Steel Authority of India Ltd.), : 2005 Volume 10 Supreme Court Cases page 289 (Govind Prakash Verma v. Life Insurance Corporation of India & Ors.), : 2009 Volume 1 Calcutta High Court Notes page 23 (Tapan Kumar Barman v. State of West Bengal & Ors.), : 2010 Volume 1 Calcutta Law Journal page 350 (Swati Chatterjee v. State of West Bengal & Ors.), unreported judgment of the Division Bench dated November 24, 2010 rendered in W.P.S.T. 525 of 2010,, 2013 Volume 3 Calcutta High Court Notes page 696 (Susmita Mazumder v. State),, 2011 Volume 2 West Bengal Law Reporter page 579 (Sk. Anisur Rahaman v. The State of West Bengal & Ors.).;