SHYAMAL KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is a third-round of litigation between the parties where the writ petitioner is constantly knocking the door of the justice to be dispensed by the authorities to consider his candidature for appointment on compassionate ground.

(2.) BRIEFLY stated the fact that the father of the writ petitioner, primary school teacher, applied on 20.9.1988 seeking permission for compulsory retirement and praying far appointment of the writ petitioner on compassionate ground. On the receipt of the said application the District School Board constituted an Enquiry Committee to enquire as to the genuinity and/or veracity of the statements made by the said applicant, the father of the writ petitioner, and also to consider the financial condition of the family. Pursuant to the constitution of the said Enquiry Committee, a report was submitted to the President of the District School Board, Burdwan and in terms of the said report the matter was referred to the Chief Medical Officer of Health to constitute a Medical Board and to give a report on the permanent incapacitation of the said applicant.

(3.) IN terms of the said direction the Director of the School Education, West Bengal vide Memo No. 10 76(L) (pry) 93 dated 21.5.1999 again rejected the said application on the ground that the financial position of the teacher as ascertained by the Enquiry Committee constituted by the Council are not so gravious.