HARISH TANDAN, J. - (1.) THE petitioner has challenged the memo no. 111-Edn(p) dated 12th February 1992 issued by the Assistant Secretary to the Director of the School Education for disapproval of the appointment of the ward of the approved teachers and non-teaching employees if they retired on medical incapacitation or dies on the day of his superannuation or thereafter.
(2.) ADMITTEDLY the father of the petitioner was a teacher in a primary school under the district Primary School Council, Purulia. After attaining the age of superannuation the service was extended and during such extended period the said teacher died. The mother of the petitioner made representation to the authorities concerned for giving appointment to the petitioner on compassionate ground. It is alleged by the petitioner that the said authority have not taken any decision on such representation. It is, however, sought to be contended that the authorities have communicated that in view of the memo dated 12th February 1992 the said representation cannot be considered. Impugning the said memo dated 12th February 1992 the present writ petition is filed. The learned Advocate appearing for the petitioner placed an unreported judgment of this court in case of Subrata Sekhar Samanta Vs. State of West Bengal and Ors. (CO 9628 (w) of 1993) in support of the contention that the said memo dated 12th February 1992 has been quashed. But she fairly contended that the Division Bench of this court in case of State of West Bwengal and Anr. Vs. Pintu Nandi and Ors. reported in 2005 (1) CHN 277 held that the ward is not entitled to be considered for appointment on compassionate ground if the teacher expired during the extended period of his service. In her usual fairness she submits that the authorities may be directed to consider the case of the petitioner sympathetically. The learned Advocate appearing for the respondent no. 5 submits that in view of the law laid down by the Division Bench of this court in case of Pintu Nandy and Ors. (supra) the application of the petitioner cannot be considered and prays for dismissal of the said writ petition. Having considered the respective submissions made at the bar, admittedly the father of the petitioner died during the extended period of service and application is made for considering the candidature of the petitioner for appointment on compassionate ground.
(3.) RULE 3D of the Bengal (Rural) Primary Education RULEs 1940 provides that an ward of a primary teacher who dies in harness may be appointed with the approval of the Director of Public Instruction, West Bengal as an assistant teacher/school mother against regular vacancy provided he/she fulfils the minimum qualification for such appointment. RULE 4A of the said RULE provides that a teacher appointed by the board may be retained in service up to the age of 60 years, but the Board may grant an extension on year-to-year basis up to the age of 65 years provided the teacher is physically fit and mentally alert. The Explanation appended to Rule 4A postulates that the continuous period of service extended beyond the age of 60 years of the teacher will count towards increment in the scale of pay, terminal benefits and other benefits with the approval of the government.;