DHIREN SOREN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petitioner impugned an inaction on the part of the respondent No. 4 to give appointment to the writ petitioner on compassionate ground in terms of an earlier order dated 31st March 2008 passed in WP No. 13449 (W)/2005. This case has a chequered history. One Durga Pada Majhi @ Soren was appointed as a primary teacher. The said teacher was subsequently attacked by various diseases and was medically incapacitated and was not in a position to render services any longer. In terms of the then prevalent rules, the said Durga Pada Majhi @ Soren applied on 17.4.1998 for permission to retire and prayed for appointment of the writ petitioner on the compassionate ground. Thus the said teacher sought for an appointment of the writ petitioner on the ground of medical incapacitation.

(2.) The respondent No. 4 constituted an Enquiry Committee and report was duly submitted by such Committee. It was found by the said Committee that the family of the said teacher is in financial distress and recommended the said teacher to be examined by the Medical Board. In spite of such recommendation, no medical Board was constituted. The said teacher thereafter filed writ petition being WP No. 7781 (W)/2002 before this Court which was disposed of on 1.7.2002 directing the Chief Medical Officer, Health, Purulia to examine the said teacher and to give report as to the permanent incapacitation of the said teacher. Ultimately the said teacher died on 9.8.2002 before the examination by the Medical Board.

(3.) Suddenly the respondent No. 4 issued a Memo No. 2490/DPAC dated 12.10.2004 to the mother of the writ petitioner asking her to produce a certificate from the local Gram Panchayat about the composition of the family and the monthly income of each of its members and also no objection from other family members for appointment of the writ petitioner on compassionate ground. In terms of the said memo the documents as requisitioned were submitted. The application of the writ petitioner seeking an appointment on compassionate ground was rejected on 1st March, 2005 by the Director of the School Education, the respondent No. 2 which was communicated by the respondent No. 4 vide Memo No. 139 dated 25th April, 2005 to the petitioner. The writ petitioner challenged the said Memo No. 139 dated 25th April, 2005 by which the respondent No. 4 communicated the decision taken by the respondent No. 2 about the rejection of the application filed by the writ petitioner seeking appointment on compassionate ground before this Court in WP No. 13449(W)/2005. The said writ petition was disposed of on 31.3.2008 directing the respondent No. 4 to enlist the name of the petitioner for appointment on compassionate ground on due compliance of the formalities as indicated in memo dated 12th October, 2004 and shall issue an appointment letter to the writ petitioner within six weeks from the date of such compliance. The said order dated 31st March 2008 passed in WP No. 13449(W)/2005 was duly communicated to the respondents on 24.4.2008. in spite of the aforesaid order the respondent No. 4 did not take any steps for appointment of the writ petitioner who having complied the formalities as mentioned in memo dated 12th October, 2004.