- (1.) This old writ petition of the year 2005 is directed against the inaction of the District Inspector of Schools (Secondary Education), Kolkata to recommend the name of the petitioner for permanent appointment at Calcutta Training Academy (Secondary School), 13, Simla Street, Kolkata- 700006 by permitting the authority to fill up a vacant Group 'D' post by granting prior permission.
(2.) Sri Ekramul Bari, Ld. Counsel appears for the petitioner. Inspite of filing affidavit-of-service none appears to oppose the writ petition on behalf of the State-respondents.
(3.) The short facts of the case are as follows:- i) That the said school namely, Calcutta Training Academy (Secondary) is a recognized institution under West Bengal Board of Secondary Education. The father of the present petitioner was a permanent Group 'D' staff in the school and suddenly died on 26th April, 2001 while in service at the age of 54 years. ii) Immediately thereafter the petitioner applied for appointment on compassionate ground, i.e. died-inharness category and the Managing Committee approved such application forwarding the same to the District Inspector of Schools (for short DI) (Secondary Education) (SE), Kolkata for necessary steps. The resolution of the Managing Committee dated 22th September, 2001 is annexed to the writ petition. Along with the resolution the Headmaster of the said school also forwarded other necessary papers for recording the name of the petitioner under died-in-harness category to the DI (SE), Kolkata on the 11th of October, 2001. iii) Accordingly, the name of the petitioner was recorded in the roster by the DI (SE), Kolkata and from the roster his name was forwarded for appointment as a Group 'D' staff at Jadavpur Sammilitya Balika Vidyalaya. The communication of the DI (SE), Kolkata forwarding the name to Jadavpur Sammilitya Balika Vidyalaya for appointment of the petitioner as Group 'D' staff in the vacancy having arisen upon the retirement of one Smt. Sandhya Mondal is dated 12th December, 2001 and marked annexure P-3 to the writ petition. iv) However, the Jadavpur Sammilitya Balika Vidyalaya could not accept the appointment of the petitioner as Group 'D' staff on the ground that no male candidate can be appointed in the girls school. Therefore the matter went back to the DI (SE), Kolkata and, in the meantime, a vacancy occurred in the original said school, i.e. the Calcutta Training Academy. The petitioner, in view of the Group 'D' vacancy having arisen in the said school, promptly applied to the DI (SE), Kolkata for appointment on the 9th of January, 2002. The Headmaster of the said school also strongly recommended the appointment of the petitioner. v) Unfortunately, in spite of the vacancy having arisen in the said school the DI (SE), Kolkata did not grant the necessary permission for filling up the post citing financial embargo. Therefore, the prayer of the authority of the said school to grant prior permission to fill up the Group 'D' post was kept pending although the same was submitted on the 11th of October, 2001.;