MADAN MOHON MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner has challenged the memo no. 111-Edn(p) dated 12th February 1992 issued by the Assistant Secretary to the Director of the School Education for disapproval of the appointment of the ward of the approved teachers and non-teaching employees if they retired on medical incapacitation or dies on the day of his superannuation or thereafter.

(2.) ADMITTEDLY the father of the petitioner was a teacher in a primary school under the district Primary School Council, Purulia. After attaining the age of superannuation the service was extended and during such extended period the said teacher died. The mother of the petitioner made representation to the authorities concerned for giving appointment to the petitioner on compassionate ground. It is alleged by the petitioner that the said authority have not taken any decision on such representation. It is, however, sought to be contended that the authorities have communicated that in view of the memo dated 12th February 1992 the said representation cannot be considered. Impugning the said memo dated 12th February 1992 the present writ petition is filed.

(3.) RULE 3D of the Bengal (Rural) Primary Education RULEs 1940 provides that an ward of a primary teacher who dies in harness may be appointed with the approval of the Director of Public Instruction, West Bengal as an assistant teacher/school mother against regular vacancy provided he/she fulfils the minimum qualification for such appointment. RULE 4A of the said RULE provides that a teacher appointed by the board may be retained in service up to the age of 60 years, but the Board may grant an extension on year-to-year basis up to the age of 65 years provided the teacher is physically fit and mentally alert.