- (1.) Re: Application for Stay (CAN 5986/2014). This application has been filed in connection with the appeal preferred from the judgment and order dated 15th July, 2013 whereby a learned Judge of this Court dismissed the writ petition filed by the appellant herein on merits upon rejecting the claim for compassionate appointment.
(2.) From the records it appears that the mother of the appellant died in harness on 5th January, 2004 leaving behind her aged husband, one daughter and two sons including the appellant herein. There is no dispute that the mother of the appellant was sole earning member of the family and the entire family was completely dependent on the income of the deceased teacher, namely, the mother of the appellant herein. Immediately after the death of the teacher concerned, namely, the mother of the appellant herein, a representation was submitted on 3rd March, 2004 by the appellant to the Chairman, District Primary School Council, North 24 Parganas claiming employment on compassionate ground.
(3.) The said application was thereafter processed by the concerned authority and after a lapse of almost three years, i.e. on 1st August, 2007 the Chairman, District Primary School Council, North 24 Parganas asked the appellant/petitioner to submit family particulars and the same was duly supplied by the said appellant. The appellant/petitioner herein submitted one income certificate issued by the local panchayat pradhan wherein it has been mentioned that the total income of the family of the appellant/petitioner from all sources was Rs. 1,08,000/- per annum. The Sub- Inspector of Schools, Swarupnagar Circle, North 24 Parganas by the written communication dated 26th August, 2010 informed the appellant/petitioner about the rejection of his prayer for appointment on compassionate ground by the Director of School Education concerned. Challenging the said decision a writ petition was filed earlier before this Court by the appellant/petitioner herein and a learned Judge of this Court ultimately quashed the earlier decision of the Director of School Education and remand the matter to the said Director of School Education, Government of West Bengal for taking a de novo decision in accordance with Rules and guidelines governing the appointment on compassionate ground under died in harness category within a prescribed time limit. Ultimately, the Director of School Education, Government of West Bengal decided the matter afresh and communicated the same to the appellant/petitioner by the memo dated 16th November, 2011 rejecting the claim of the appellant/petitioner for appointment on compassionate ground, inter alia, on two grounds, firstly, the income of the family is higher than the salary of Group-D employee, which is not permissible as per Rule 14 of the West Bengal Primary Teachers Recruitment Rules, 2001 and secondly, the financial hardship of the family was not accepted on the basis of the income certificate issued by the Sabhapati of panchayat samity.;