Hon''ble Mr. Justice Jayanta Kumar Biswas
1. The petitioner in this WP under art.226 dated April 22, 2009 is questioning a decision of the Chairman, Purba Medinipur District Primary School Council dated November 12,2008 (WP p.45). The decision was given dealing with the petitioner''s request for an employment on compassionate grounds. Relevant part of the decision is quoted below:
In reference to above, the undersigned has to inform him that the proposal for appointment of Snehasis Bag S/O Late Ganesh Ch. Bag can not be approved as per Memo No.-85- SE(Pry.) dt. 15.02.08.
2. By the Notification No. 85-SE (Pry)/(P)4A-38/07 dated February 15,2008 r.14 of the West Bengal Primary School Teachers Recruitment Rules, 2001 was amended. The rule is regarding appointment on compassionate grounds. It says how a request for an employment of compassionate grounds should be decided by the Council.
3. The impugned decision was given by the Chairman of the Council. He did not record what authorized him to give the decision. He simply mentioned the number and date of the notification whereby r.14 had been amended. He did not mention how r.14 would deny the petitioner an employment on compassionate grounds.
4. The petitioner''s name was put on the live register maintained by the District Inspector of Schools concerned, and the Director of School Education also wanted the request to be considered. The request could not be turned down simply citing the number and date of the notification. The request has been rejected in gross abuse of the statutory power. The matter must be considered afresh. For these reasons, I set aside the impugned decision, allow the WP to this extent, and direct the Council to hear the petitioner and decide his request for employment on compassionate grounds afresh and pay him Rs.5000 costs. Compliance within four weeks from the date the order is served. Certified xerox.
