HEKHAR B.SARAF,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is seeking appointment on compassionate grounds in place of his deceased mother Banalata Mukherjee. The writ petitioner has approached this Court by filing this writ petition being aggrieved by the action of the District Inspector of Schools (SE), North-24 Parganas, Barasat (respondent No. 3) (hereinafter referred to as "D.I. of Schools") who has denied the appointment of the petitioner in the category of died-in-harness vide the impugned memo being No. 69/H dated February 11, 2011.
(2.) The mother of the petitioner was appointed as an assistant teacher in the Minakhan Jatindranath Balika Vidyalaya (H.S.) on January 01, 1980. The mother of the petitioner died on July 30, 2007 while she was working in the aforesaid school. The managing committee of the school vide resolution dated August 8, 2007 had decided to recommend and forward the appointment of the petitioner in the category of died-in-harness in place of his deceased mother to the D.I. of Schools.
(3.) The D.I. of Schools issued the impugned memo rejecting the appointment of the petitioner on the basis that the income of the family of the deceased was more than the initial gross salary of the Group - "D" staff at the material point of time. The relevant portion of the memo is reproduced hereunder: "In connection with the subject noted above it is regretted to state that the financial criteria of the family of the deceased is computed in terms of G.O. No. 697-ES/1S/S- 18/08 dated 09-07-2009. At the material point of time income of the family of the deceased is Rs. 5599/- and initial gross salary of the Group "D" staff of State Govt. is 5326/- as on 30-07-2007 i.e. at the material point of time. As the income of the family is less than the initial gross salary of the Group "D" staff at the material point of time the prayer for appointment on compassionate ground could be considered in terms of the existing Govt. Order.";