Ashoke Kumar Dasadhikari, J. - (1.) THE order impugned passed by the Commissioner of School Education, West Bengal dated 4th March, 2014 refusing the claim of the petitioner for giving employment in died in harness category is under challenge in this writ petition.
(2.) LEARNED Counsel appearing for the writ petitioner submits that petitioner's case was considered by the Primary School Council and it was recommended before the Commissioner of School Education for approval. It was submitted that Commissioner is not the appellate authority nor he has power to adjudicate afresh. However, most illegally the concerned Commissioner refused to grant approval taking a plea that the family income of the petitioner is very likely to be higher than Rs. 7,154/ - only per month in view of revision of family pension due to ROPA, 1998. He has passed the impugned order as if he is sitting in appeal on the order of recommendation made by the Chairman of the Council on proper verification, enquiry and scrutiny of the case. Learned Counsel submits that the concerned Commissioner of School Education is not sure whether the amount assessed by him or calculated by him to the tune of Rs. 7,154/ - is correct figure or not. He passed the order impugned on the basis of surmise and conjecture.
(3.) LEARNED Counsel submits that even assuming, for the sake of argument, if it is taken that the petitioner's family is getting Rs. 7,154/ -, the quantum of money is not sufficient to maintain a family of three persons when the elder son of the deceased employee was suffering from a man -eater disease cancer.;