THE AUTHORITIES SHOULD CONSIDER THE APPLICATION OF A CANDIDATE FOR COMPASSIONATE APPOINTMENT EVEN IF HE/SHE REACHED 18 YEARS OF AGE AFTER SIX YEARS FROM THE DATE OF THE TEACHER'S DEATH, IF THE WIDOW HAD CLAIMED APPOINTMENT WITHIN THE TIME LIMIT AND THE AUTHORITIES FAILED TO CONSIDER HER CLAIM.

1. THIS stay application has been filed in connection with the appeal preferred from the order dated 17th August, 2009 whereby and where under a learned Judge of this Court finally disposed of the writ petition by directing the District Inspector of Schools (Primary) as well as the Director of School Education, West Bengal to consider the prayer for compassionate appointment of the widow of the deceased teacher at an early date.

2. THE learned Advocate of the petitioner submits that the proposal for appointment of the son of the deceased teacher viz., the appellant herein on compassionate ground was forwarded by the Chairman, Hooghly District Primary School Council to the Director of School Education, West Bengal on 5th November, 2007 for according necessary approval.

The Director of School Education, West Bengal, however, refused to approve the aforesaid proposal for appointment of the appellant herein since the said appellant attained 18 years of age after six years from the date of death of the teacher concerned. The aforesaid fact has also been specifically mentioned in the office memorandum issued by the Chairman, Hooghly District Primary School Council under memo dated 11th June, 2009. The relevant portion of the aforesaid office memo is set out hereunder :

"Petitioner No.1 is the son and petitioner No.2 is the widow of Syed Enam Ali since deceased, who was an Assistant Teacher of Aniya Junior Basic Primary School, P.S. Chanditala under Chanditala North Circle, who died-in-harness on 24-7-1996. After the death of the said teacher petitioner No.2 made application for her compassionate appointment in any post but subsequently she surrendered her olaim in favour of petitioner No.1 due to her ill health. The proposal for appointment of petitioner No.1 on compassionate ground was forwarded to the Director of School Education, West Bengal, on 05-11-07, for approval. The Director of School Education, West Bengal vide his memo. No.54-SC/P dated 15.01.2009, gave an order stating that proposal for appointment of Syed Iftikar Ali, S/O late- Enam Ali cannot be approved since the candidate reached 18 years of age after 6 years (approx.), from the date of teacher's death. In view of the facts stated above, the prayer of the petitioner cannot be considered."

3. THERE is no dispute that the widow of the deceased teacher applied for compassionate appointment within the prescribed time limit. Pending disposal of the said application by the concerned authorities, the said widow surrendered her claim in favour of her son due to her ill health and requested the concerned authority to give appointment to her said son on compassionate ground.

4. THERE is also no dispute that the Chairman, Hooghly District Primary School Council sent the proposal to the Director of School Education, West Bengal for appointment of the son of the deceased teacher viz., the appellant herein on compassionate ground. The Director of School Education, West Bengal refused to approve the said proposal only on the ground that the said son of the deceased teacher attained 18 years of age after lapse of six years.

Mr. Bari, learned Counsel referred to and relied on the decision of the Hon'ble Supreme Court in the case of Syed Khadim Hussain vs. State of Bihar and Ors. reported in 2006(9) SCC 195, wherein the Hon'ble Supreme Court considered the identical issue as hereunder :

"As the widow had submitted the application in time the authorities should have considered her application. As eleven years have passed she would not be in a position to join the Government service. In our opinion, this is a fit case where the appellant should have been considered in her place for appointment. Counsel for the State could not point out any other circumstance for which the appellant would be disentitled to be considered for appointment. In the peculiar facts and circumstances of this case, we direct the respondent authorities to consider the application of the appellant and give h