The prescribed time limit for compassionate appointment is mandatory and cannot be extended, and delayed applications do not meet the eligibility criteria.

JUDGMENT

Krishna Rao, J. - The petitioner has prayed for cancellation of the Memo No. 707-SC/P 7P-95-2011(Pt-4) dt. 22.03.2013 passed by the respondent no. 2, the Commissioner of School Education, West Bengal wherein the respondent no. 2 has rejected the request made by the petitioner for appointment on compassionate ground on account of death of his father late Sudhansu Kumar Jha. The petitioner further prayed for a direction upon the respondent no. 2 to accord approval of compassionate appointment of the petitioner and to send the same to the respondent no. 4, Chairman, Malda District, Primary School Council for appointment of the petitioner.

The father of the petitioner was appointed as Primary School Teacher and joined as assistant Teacher of Mitna Primary School under Harishchandrapur (South) Circle, Malda on 29.10.2003. The father of the petitioner Sudhansu Kumar Jha died on 13.10.2006. after the death of the father of the petitioner, the mother of the petitioner has made a representation to the respondent authorities informing the school authorities regarding the death of her husband and taking appropriate steps for their survival. at the time of the death of the father, the petitioner was minor. as per the Birth Certificate, the date of birth of the petitioner is 22.12.1993. When the petitioner attained majority, the petitioner has started making representation to the authorities for appointment on compassionate ground on account of the death of his father as his father died-in-harness. The representation of the petitioner was duly forwarded by the school authorities to the Chairman, Malda District Primary School Council for consideration vide their application dt. 20.01.2012.

On receipt of the representation submitted by the petitioner, the Commissioner of School has rejected the claim of the petitioner vide Memo No. 707-SC/P 7P-95-2011(pt-4) dt. 22.03.2013 stating inter alia:

'His proposal for appointment of Sri Sourav Jha, son of Late Sudhanshu Kumar Jha has not been approved, since the ward attained majority after 5 years 2 months and passed Madhyamik after 2 years 7 months from the date of death of the teacher. So the minimum eligibility criteria was not fulfilled by the present ward within the prescribed time limit of two years as laid down in the existing G.O. No. 85-SE (Pry) dtd. 15.02.2008 and the G.O. No. 57-E (Pry) dtd. 15.01.2002 prevailing at the time of death (13.02.2006) of the teacher.'

The petitioner has challenged the impugned Memo dt. 22/03/2013 and submitted that the respondent authorities failed to consider the request of the petitioner as immediately after the death of the father of the petitioner, the mother of the petitioner has made representation but the authorities have not considered the same and at the relevant point of time the petitioner was minor. Immediately when the petitioner attained majority, the petitioner had made several representations for compassionate appointment but without considering the financial condition of the petitioner, the respondent authorities have rejected the claim of the petitioner.

The Counsel for the petitioner relied upon the judgment passed by the Division Bench of this Court in the case of Soumik Dandapath -vs- State of West Bengal & Ors. reported in (2012) (1) CHN (CaL) 60 (DB) and unreported judgment passed in MaT No. 1720 of 2012 in CaN No. 10456 of 2012 dt. 18.12.2012. The Counsel for the petitioner submitted that the rejection order has been passed by the Commissioner in the Memo No. 23.02.2013 but the competent authority is the Chairman and only after the approval of the Chairman the Commissioner can exercise his discretion but in the instant case, the matter was not placed before the Chairman and the Commissioner himself as rejected the claim of the petitioner.

The Counsel for the petitioner further submitted that the respondents ought not to have rejected the claim of the petitioner as the mother of the petitioner has made an application well within time