KULESH CHANDRA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant (since deceased) was a Head-teacher of Krishnanagar Primary School in the District of Nadia. On the death of the said sole appellant, his son Shri Bibek Mondal was substituted as appellant.

(2.) The original appellant/writ petitioner, Shri Kulesh Chandra Mondal (since deceased) submitted an application before the respondent Council on 3rd March, 1997 for being declared to be permanently disabled/incapacitated for life before attaining the age of 58 years. Inspite of submission of the said application, initially no medical board was constituted in order to examine the said Shri Kulesh Chandra Mondal (since deceased) and subsequently pursuant to the order passed by this Court on 3rd October, 1997, medical board examined the said Shri Kulesh Chandra Mondal (since deceased) and declared him as permanently disabled on 10th December, 1997.

(3.) Thereafter, the then Chairman, Ad hoc Committee, Malda District Primary School Council by a written communication dated 26th December, 1997 asked the Sub-Inspector of schools concerned not to send the proposal of the said Shri Kulesh Chandra Mondal (since deceased) for appointment of his son since the said teacher was declared permanently disabled/ incapacitated beyond 58 years of age. The relevant portion from the said letter of the Chairman, Ad-hoc Committee, Malda District Primary School Council dated 26th December, 1997 is set out hereunder : <FRM>JUDGEMENT_860_WBLR2_2007Html1.htm</FRM>