- (1.) An affidavit of service is filed; let the same be kept on record.
(2.) The writ petitioner seeks appointment on compassionate ground. Such request has been negated by the impugned order dated December 9, 2013 passed by the Commissioner of School Education, West Bengal. It is submitted on behalf of the writ petitioner that the father of the writ petitioner had met with an accident and, as such, had applied for declaration of permanent incapacitation. Such application was received by the concerned Sub Inspector of Schools on November 4, 2003. The said application was sent to the medical board on November 21, 2003. The father of the writ petitioner was declared unfit by the medical board on October 11, 2004. Referring to the impugned order, it is submitted that the prayer has been rejected by holding that the compassionate appointment on the ground of incapacitation was not available at that point of time. It is submitted that the Commissioner of School Education, West Bengal, had failed to take into consideration the fact that the notification allowing compassionate appointment on the ground of incapacitation was valid upto May 13, 2004. The father of the writ petitioner had applied for his incapacitation prior to the expiry of such validity period.
(3.) The State authorities are represented before me. It is submitted on behalf of the State that the earlier writ petition of the writ petitioner was dismissed by an order dated March 19, 2014. Consequently, the present writ petition is not maintainable. It is next submitted on behalf of the State respondents that the writ petitioner has come after eleven (11) years from the accrual of cause of action and, therefore, he should not be granted any relief in the present writ petition. The declaration of incapacitation was made on October 11, 2004. The present writ petition has been filed in 2015. I have considered the rival contentions of the parties as also the materials made available on record.;