PURNIMA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the writ application, the petitioner has prayed the following reliefs :

(2.) By the impugned order in this writ application, which is nothing but a communication by the chairman, Ad-hoc Committee, Midnapore District Primary School Council communicating the decision of the director of school Education, West Bengal, whereby vide his Memo No. 397SC/P dated 12th March, 1997 rejected the approval of appointment of ward of the petitioner only on the ground that the petitioner was declared unfit after 58 years of age. The fact leading to the writ application in brief as follows:-

(3.) The petitioner while working in the post of Assistant Teacher of the concerned Primary School due to an accident became permanently disabled and/or incapacitated with effect from 3rd August, 1993 when she was aged about 56 years and 11 months. The petitioner's case was referred to for examination by the Medical Board for necessary declaration that the petitioner became incapacitated to continue in service. The Medical Board for consideration of the matter examined the petitioner thrice on diverse dates during the periods 1995-96 and ultimately by their decision dated 26th July, 1996 declared the petitioner unfit to work further. From the medical report it appears that cause and/or disease which prompted the Medical Board to declare the petitioner as incapacitated to work remains the same when the petitioner filed an application for such declaration due to the accident as happened when admittedly the petitioner was below 58 years of age. In the impugned order the Director of School Education relied upon a notification No. 768-Edn. (P) dated 22nd September, 1991, to reject the prayer of the petitioner by holding that since the petitioner admittedly crossed 58 years of age when medical board declared him unfit to work, there was no provision to accord approval of appointment of the ward of the petitioner . The relevant Rule being Rule 14(b) in terms of the said Notification reads as follows :-