P.K.Samanta, J. - (1.) Short but important question involved in this writ petition is related to the interpretation of Rule 14(b) of the Rules regulating the recruitment and leave of Teachers in Primary Schools in West Bengal (hereinafter referred to as Rule, 1991).
(2.) The said Rules 1991 were framed by the State Government in exercise of power conferred under sub section (1) of section 106 of the West Bengal Primary Education Act, 1973 for the purposes of prescribing conditions for appointment of teachers and other staffs in primary schools and for other allied matters as mentioned in Clause (k) of sub-section (1) of section 60 of the said Act. Therefore, the aforesaid Rules, 1991 have the force of law as the same were framed in due observance of the procedures prescribed under section 106 of the said Act.
(3.) The Rule 14(b) of the said Rules, 1991 which is the particular rule for the present purpose reads as under:- Rule 14(b) :- The council may appoint Primary Teachers with the approval of the Director on compassionate ground in the following cases wherein the opinion of the council, the cases deserve compassionate consideration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b). When a Primary Teacher is declared permanently incapacitated by the competent medical board set up according to the procedure laid down in the Government order and he has been allowed to retire at least two years before he attains the age of superannuation and his family is in extreme economic hardship after such retirement, (1) the unemployed wife, or (2) the unemployed son, or (3) the unemployed unmarried daughter, of the incapacitated and prematurely retired Primary Teacher possessing the required as laid down in sub rules (a) and (b) of rule 6, educational qualifications/and found eligible to teach, may make within two years from the date of such retirement, a prayer in writing to the council for appointment as Primary Teacher on compassionate ground: Provided that only one member of the family of the incapacitated and prematurely retired Primary Teacher possessing the required educational qualifications and found eligible to teach, may be appointed on compassionate ground.;