SHEKHAR B.SARAF,J. - (1.) The grievance of the writ petitioner is that she has not been given compassionate appointment and her application for the same has been rejected by an order dated November 27, 2017 passed by the District Inspector of Schools (Secondary Education), Paschim Medinipur.
(2.) The case of the writ petitioner is that her mother who was an Assistant Teacher in a Government recognized Higher Secondary School died in harness on January 10, 2007. The petitioner had made her application for compassionate appointment within the time frame prescribed. On November 29, 2012 Deputy Secretary, School Education Department, Primary Section upon perusing the representation of the petitioner requested the District Primary School Council to cause an enquiry and send a report to the concerned Department. Subsequently, the writ petitioner had filed a writ petition being W. P. 5419(W)/2015 wherein an order was passed by this court as follows:- "Considered the submissions made by the learned counsel appearing for the parties. It appears that the order passed by the Chairman, Paschim Medinipur District Primary School Council has no jurisdiction over the matter. Therefore, the order impugned is set aside. The District Inspector of Schools, Secondary Education, Paschim Medinipur, is directed to consider the matter taking a fresh view and also upon giving an opportunity of hearing to the petitioner or his authorised representative giving him opportunity to show all relevant judgements and documents in his favour. The concerned District Inspector of Schools is to pass a reasoned order by six weeks from the date of communication of his order and to communicate the same by two weeks from the date of passing such order."
(3.) In compliance with the above order dated April 20, 2015 hearing was granted to the writ petitioner and after hearing of parties the District Inspector of Schools, Paschim Medinipur passed the following order:- "Having heard the submissions advanced by the petitioner and the Headmistress I am of opinion that in spite of my being eager in favour of employment of the petitioner, I cannot do anything in her favour in compliance with G. O. 697-ES/S/IS-18/08 dated 09.07.2009 [Part -B, Schedule V] where it is clearly stated that - "The expression "Financial Hardship", in relation to income of a deceased teacher or non-teaching staff consisting of up to five members in his family for consideration of appointment under this Sub-Rule, shall mean an amount of income less than the initial gross salary of Group "D" Staff of the State Government at the material point of time". As family income including the Pension and family pension amounts to Rs.4833+Rs.4938=Rs.9771/- is more than the initial gross salary of Group "D" of the State Government i.e. Rs.7690/' at the material point of time, the proposal for appointment on compassionate ground cannot be recommended or forwarded to the authority".;