- (1.) In this writ application the petitioner has challenged the impugned order under Memo No. 741/1(3) dated 29.02.2016 passed by the District Inspector of School (Secondary Education), Uttar Dinajpur whereby and whereunder the legitimate claim of the petitioner for appointment on compassionate ground was rejected on the plea that the father of the petitioner drawn salary higher than gross salary of the Group-D Staff.
(2.) The petitioner's case is that her mother Golenur Khatun was appointed on 01.02.1986 as an Assistant Teacher in Language and Literature Group at Dudhunda Aloke Tirtha Vidyapith, at Dudhunda (Sherpur), P.S.- Hemtabad, District- Uttar Dinajpur, vide Memo No. 645/1(1) dated 15.03.1986 the then District Inspector of Schools (Secondary Education), West Dinajpur duly accorded approval of her service to the said post with effect from 01.02.1986. Her mother Golenur Khatun died in harness on 05.08.2007 at a tender age of less than 52 years intestate leaving behind her husband Abu Bakkar Siddik and the petitioner as her sole legal heirs and that at the time of death of her mother, the petitioner was only 11 years of old and was a student of Class-VI and that her mother was the only earning member of the family and after her sudden demise at tender age, her family members are in acute distressed financial condition and live at the mercy of the relatives and neighbours. So, the petitioner made a representation before the District Inspector of Schools (Secondary Education), Uttar Dinajpur the respondent no. 3 herein for appointment on compassionate ground on 15.12.2015 since the petitioner obtained requisite qualification but of no effect.
(3.) Hence, the petitioner filed a writ application being W.P. No. 260(W) of 2016 and the Single Judge of this Hon'ble Court vide order dated 21.01.2016 passed direction upon the District Inspector of Schools (Secondary Education), Uttar Dinajpur to take just decision on merits of the case after affording an opportunity of hearing to the petitioner. In solemn compliance of the said order the District Inspector of Schools (Secondary Education), Uttar Dinajpur passed the following order vide Annexure-"P/7" which is reproduced for profitable appreciation " ORDER Ref.:- W.P. No 260(w) of 2016 in matter of Kainas Mustari Vs. State of West Bengal & others As per order of the Hon'ble Justice Subrata Talukdar of Calcutta High Court dt. 21.1.2016 a hearing was made in the chamber of the District Inspector of School (S.E.), Uttar Dinajpur in presence of the following members 1. Kainas Mustari, the petitioner. 2. Headmaster, Dudhdunda A.T. Vidyapith. 3. Pressident, Dudhunda A.T. Vidyapith That Late Golenur Khatun served at Dudhunda A.T. Vidyapith for the period from 01.2.1986 to 04.8.2007. Late Golenur Khatun expired on 05.8.2007. Smt. Kainas Mustari, daughter of Late Golenur Khatun applied for Group-C Job on Compassionate ground but her father is Working Assistant Teacher in Bamuha T.A. High School. In presence of the members including kainas mustari and after verification of all records including P.P.O and fathers pay certificate it has been found that Petitioner is not entitled to get job as per G.O. No. 697-ES dt. 9.7.2009 Schedule vol. (Rule-20 and 21) the fathers Pay drawn by Abubakkar Siddik is higher than the Gross Salary of Group 'D' Staff. The matter is thus disposed of. All concerned be informed accordingly.";