Siddhartha Chattopadhyay, J. - (1.) By filing this writ application the petitioner has virtually made a second attempt to get a job under the style of 'die-in-harness category'. According to the petitioner, his mother was an Assistant Primary Teacher and while she was in service, she died due to Cardiac Attack leaving behind this petitioner as his only heir. Petitioner's father is also a teacher of another school. According to the petitioner, he has prayed for appointment on compassionate ground firstly on 05.03.2001 and thereafter on 16.10.2001. At the time of filing his first application dated 05.03.2001, he did not have the requisite qualification. However, after 05.03.2001, he passed Madhyamik Examination and thereafter he has renewed his claim to get the job under the said category. His application was turned down by the authority concerned and feeling aggrieved with the said cynical attitude of authority concerned, he had filed a writ application bearing No. 14962 (W) of 2002 before a Co-ordinate Bench of this Court. The said Co-ordinate Bench has directed the respondent authorities to dispose of the representation of the present petitioner within four weeks from that date. The said representation was turned down by the respondent authority mainly relying on the circular bearing No. 57 SE (Pry./10 R-1/91) dated 15.01.2002 (which was passed relying on Rule 14 Clause 1) that the present petitioner is not entitled to get appointment on compassionate ground.
(2.) At the time of hearing learned Counsel appearing on behalf of the writ petitioner has submitted the said notification is not at all applicable because the said notification has given an effect to in 2002 and since the application was made before that he would be guided by the former circular. In support of his such contention he has referred to the decision reported in (2006) 9 Supreme Court Cases 195 and a decision reported in CHN 2009 (4) Page 1. On perusal of the said decisions of the Division Bench of this Court as well as of Hon'ble Apex Court, I am of the view that the circular which was relied on by the respondent authority could not be applied in the present case.
(3.) According to the petitioner, on 05.03.2001 he was a minor. But the fact remains, the petitioner did not file copy of his Admit Card issued by West Bengal Board of Secondary Education to show that at the relevant point of time he was a minor. In his writ application vide para 9 he has categorically stated that he attained majority in the year of 2002. Therefore, when he has filed his subsequent application dated 16.10.2001, he was certainly a minor. Naturally at that time he did not have the qualification to get the job under the category of 'compassionate ground'. From the mark sheet issued by West Bengal Board of Secondary Education it transpires that he passed the Madhyamik Examination conducted by West Bengal Board of Secondary Education in 2001. Therefore, in 1999 when his mother died he was a minor as well as he did not have requisite academic qualification. In 2002, he attained his majority (vide para 9) of writ petition. So at that time i.e. 16.10.2001 he did not possess the requisite qualification. He did not have the courage to file the copy of the Admit Card before this Court lest the truth comes out, as to when he became adult.;