- (1.) In this writ application the petitioner claims compassionate appointment consequent upon the death of her mother, who was an Assistant Teacher in Bio-Science at the P. D. Girls High School, Dhoniakhali, District- Hooghly (hereinafter referred to as the said School).
(2.) The facts of the case are briefly as follows:- That the mother of the petitioner died in harness on 22nd October, 2008. Thereafter, the father of the petitioner also died on 28th of August, 2009. Among the surviving children were the petitioner and her younger sister. At paragraph 5 of this writ petition, the petitioner claims to have applied for compassionate appointment before the District Inspector of Schools (Secondary Education) (for short DI (SE), Hooghly which was received by the DI (SE) on the 22nd of April, 2010. By order dated 9th of November, 2011 the DI (SE), Hooghly rejected the prayer of the petitioner on the basis of Government Order (for short GO) No. 697-E.S. dated 9th of July, 2009 which, inter alia, stipulates that where the total income of the family is not less than the initial gross salary of a Group-D staff, a prayer for compassionate appointment cannot be considered.
(3.) It is relevant to mention that while the mother of the petitioner died while working as an Assistant Teacher, the father of the petitioner was an employee of Singur Block Office. Furthermore, the family was in enjoyment of family pension. Sri Syed Shamsul Arefin, Ld. counsel appearing for the petitioner submits that the DI (SE) fell into error by applying the said GO dated 9th July, 2009 retrospectively. Sri Arefin points out that admittedly on the death of the mother on 22nd October, 2008 there was no existence of the said GO dated 9th July, 2009. Admittedly again, the claim of the petitioner matured on 22nd October, 2008, i.e. on her mother' death and, ought to have been considered under the applicable rule at the relevant point of time.;