Harish Tandon, J. - (1.) THIS is a third-round of litigation between the parties where the writ petitioner is constantly knocking the door of the justice to be dispensed by the authorities to consider his candidature for appointment on compassionate ground.
(2.) BRIEFLY stated the fact that the father of the writ petitioner, primary school teacher, applied on 20.9.1988 seeking permission for compulsory retirement and praying far appointment of the writ petitioner on compassionate ground. On the receipt of the said application the District School Board constituted an Enquiry Committee to enquire as to the genuinity and/or veracity of the statements made by the said applicant, the father of the writ petitioner, and also to consider the financial condition of the family. Pursuant to the constitution of the said Enquiry Committee, a report was submitted to the President of the District School Board, Burdwan and in terms of the said report the matter was referred to the Chief Medical Officer of Health to constitute a Medical Board and to give a report on the permanent incapacitation of the said applicant. Medical Board submitted report on 27.9.1989. Relying upon such report the father of the petitioner was declared medically incapacitated and was allowed to retire with effect from the date of the report of the said Medical Board i.e. 27.9.1989. The said order by which the father of the writ petitioner was allowed to retire was assailed by the writ petitioner in CO No. 75(w) of 1993 before this Court. The principle grievance raised by the writ petitioner in the said writ petition was that the authorities concerned have not dealt with the matter in proper perspective inasmuch as the application of the father of the writ petitioner was composite in nature i.e. seeking for a compulsory retirement on permanent incapacitation and the appointment of the writ petitioner on compassionate ground; and illegally and arbitrarily disposed of the said application by allowing the prayer of the compulsory retirement on permanent incapacitation without disposing of the other prayer by which the appointment of the writ petitioner was sought on compassionate ground. The other ground of attack made in the said writ application was that the authorities concerned have not considered the case in the light of a circular No. 176 Edn (p) dated 22.4.1988. The said writ application was disposed of on 17.9.1998 by setting aside the said order passed by the Director, District School Board, Burdwan with further direction to consider the case of the writ petitioner within a period of 3 weeks from the date of communication of the order.
(3.) IN terms of the said direction the Director of the School Education, West Bengal vide Memo No. 10 76(L) (pry) 93 dated 21.5.1999 again rejected the said application on the ground that the financial position of the teacher as ascertained by the Enquiry Committee constituted by the Council are not so gravious. Thus the petitioner was constrained to take out the second writ application being WP No. 11018(w) of 1999 challenging the said order dated 21.5.1999on the ground that the course of action adopted while dismissing the prayer of appointment on compassionate ground is in contradiction to the provisions contained in the said government order No. 176 Edn (p) dated 22.4.1988. The said writ application was ultimately allowed by quashing and setting aside the order impugned therein i.e. order dated 21.5.1999 passed by the Director of the School Education, West Bengal, with further direction to conduct an enquiry afresh either by himself or by some responsible officer with regard to the economic status of the erstwhile teacher.;