ABDUL RASHID Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been preferred assailing the judgment and order of the learned Single Judge whereby and whereunder the said learned Single Judge dismissed the writ petition filed on behalf of the appellant herein on merits.

(2.) GOING through the records, we find that the appellant herein moved another writ petition on the earlier occasion before this Hon'ble Court for issuance of appropriate direction upon the Chief Medical Officer Health, malda to examine the appellant herein and also for issuance of necessary direction to the other respondent authorities to consider the claim of voluntarily retirement of the appellant. The said writ petition was finally decided by another learned Single Judge of this Hon'ble Court by the order dated 3rd October, 1997 whereby and whereunder the District medical Officer Health, Malda was specifically directed to examine the appellant herein by a Medical Board and in the event of declaring the said appellant unfit for service, necessary certificate was also directed to be issued so that the same could be considered for the purpose of giving appointment to the appellant's son in the post of primary teacher. The text of the said order dated 3rd October, 1997 passed by the learned Single judge of this Hon'ble Court while finally deciding the earlier writ petition of the appellant herein is set out hereunder:-

(3.) IT is not in dispute that in terms of the said order, the appellant herein was medically examined by the Medical Board at Malda on 6th february,1998 and was also declared unfit on being permanently incapacitated. The said medical report was duly submitted to the Chairman of the District Primary School Council, Malda. The Chairman thereafter informed the Sub-Inspector of Schools (SE), Malda under Memo dated march 5,1998 that the appellant herein has been declared permanently incapacitated by the Medical Board with effect from 6th February,1998 and, therefore, the said appellant should be allowed to retire on and from that date. In the said notice, it was also mentioned that the prayer for appointment of the appellant's son cannot be considered in view of the notification of the education Department dated 22nd November,1991 since the appellant was declared permanently incapable beyond 58 years of age.