Jayanta Kumar Biswas, J. - (1.) -The petitioner is questioning the decision of the Director of School Education, West Bengal dated May 25th, 2005 rejecting his application for compassionate appointment. His mother was the head teacher in Rampur Junior Basic School, Uttar Dinajpur. At the age of fifty-one she died in harness. On July 9th, 2001 he applied for compassionate appointment. The application was recommended by the chairman of the district primary school council concerned to the director of school education. Alleging that the director was not taking any decision, the petitioner moved this Court by filing writ petition No. 11420 (W) of 2004. By order dated January 25th, 2005 that was disposed of directing the director to give a decision in the matter. This is how the impugned decision came to be given.
(2.) The director rejected the application for compassionate appointment saying, after going through the papers, records and submission of the petitioner and the council representative, it has been observed that the primary contention of the petitioner that the director of school education has not taken a decision, does not appear to be true. On the contrary, it is evident that the director of school education, after careful consideration of this case, rejected the prayer on the ground that the family of the petitioner is composed of two members i.e. the petitioner himself and his father. His father is getting two pensions i.e. one for himself and another for his deceased wife and such family cannot be treated as financially distressed that cannot provide two square meals and essentials to the surviving members, in terms of S.E. Deptt's Memo No. 12-SE(B) dated 18.1.99."
(3.) He concluded by saying, "In this circumstance, the undersigned after careful consideration, do not find any cogent reason to reverse the decision taken by his predecessor. Hence the proposal for appointment on compassionate ground is not approved." The director noted that the case of the petitioner had been rejected previously by the competent authority by order dated June 4th, 2002, and that the decision had been communicated to the district primary school council that in turn communicated the decision to the petitioner. In this writ petition the petitioner, however, disputed the fact of communication of the order dated June 4th, 2002 to him by the council. Be that as it may, in compliance with the order of this Court the director gave a fresh decision.;