Moushumi Bhattacharya, J. - (1.) The petitioner has prayed for an appointment under the exempted category on compassionate considerations.
(2.) The basis of such prayer is the demise of the petitioner's father on 7th April, 2005, one Pasupati Mahato, who was the teacher-in-charge in Bandwan Banjora High School, Purulia during his service. Immediately upon Pasupati Mahato's demise, his wife (the petitioner's mother), Kanika Mahato, submitted an application dated 14th May, 2005 before the District Inspector (DI) requesting that her name be empanelled in the relevant category until her sons attain majority for being considered for an appointment to the post. This application was forwarded by the school along with relevant documents to the DI on 5th June, 2005 for necessary action. The petitioner's mother also submitted other documents including a legal heir certificate issued by the Panchayat which indicated that as in May/June 2005, the petitioner was a minor. Upon attaining majority, the petitioner made a representation to the District Inspector on 11th August 2017 and to the Additional District Inspector (ADI) on 14th July 2017 requesting that the petitioner be empanelled under the exempted category for appointment. Similar letters were sent by the petitioner to the District Magistrate, Purulia on 13th October 2017 and 4th December, 2017. Since the petitioner did not get any response from the authorities the petitioner made an application under The Right to Information Act, 2005 on 18th January, 2018 for ascertaining whether his application has been considered for the exempted category. In response to such application, the District Magistrate, Purulia requested the DI on 31st January, 2018 to supply the required information directly to the petitioner within the time frame as stipulated under the Act. By a letter dated 23rd February, 2018, the DI informed the petitioner that the former is not in a position to determine whether an application for appointment in "die- in-harness" category will be treated as exempted category or not.
(3.) Learned counsel appearing for the petitioner relies on a notification of the Department of Labour, Government of West Bengal published on 21st August 2002 issued by the Principal Secretary to the State Government under the West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999, under which, according to counsel, the petitioner is entitled to be employed under "exempted category".;