CHAND MOHAMMAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant No. 1 was a primary teacher under the Malda District Primary School Council. His date of birth was July 14, 1942. His natural date of superannuation was July 31, 2002 when he was to attain the age of 60 years.

(2.) Under Rule 14 (b) of the Recruitment and Leave Rules, 1991 in case a primary teacher was declared permanently incapacitated by competent medical board set up therefor and he was allowed to retire prematurely at least two years before he attained the age of superannuation and it was found that his family was in extreme economic hardship due to sudden retirement, his or her dependant would be considered for compassionate appointment. The appellant No. 1 was ill and he applied on November 24, 1999 to the District Primary School Council for his premature retirement coupled with a prayer for consideration of his son being appellant No. 2 for compassionate appointment. At that time the appellant No. 1 was well within the cut off date for being eligible to apply for premature retirement coupled with a prayer for compassionate appointment of his dependant. He was also not attending school since then.

(3.) Alleging non-action on the part of the council he filed a writ petition being W. P. No. 626 (W) of 2000 in this Court. It was disposed by the learned Single Judge by an order dated February 2, 2000, inter alia, directing the council to act on his representation. In compliance with the said order dated February 2, 2000 medical board was constituted which examined the appellant No. 1 and declared him medically fit vide their certificate dated April 29, 2000.