HARISH TANDON,J - (1.) THIS is an application for restoration of the writ petition which was dismissed for default on 8th November, 2011. The cause for non appearance is shown in paragraph 3 and 4 of the said petition which is found sufficient. Application for restoration is, therefore, allowed.
(2.) THE writ petition is restored to its original file and number. By consent of parties the main writ petition is taken up for hearing. The petitioner claimed his appointment on compassionate ground on the death to his father who died during the extended period of his service. Admittedly the father of the petitioner who was a primary teacher attained the age of superannuation at the age of 60. Subsequently the concerned District Primary School Council granted the extension beyond the age of 60 years on the basis of an application taken out by the father of the petitioner. The said extension was initially for a period of one year renewable on yearly basis subject to the physical and mental condition of the said employee. The respondent authorities have taken a plea that the appointment to the ward cannot be made on compassionate ground if the teacher died during the extension period. The point which emerges for consideration in this writ petition is whether an appointment to the ward can be made on compassionate ground upon the death of a teacher during the extension period.
(3.) RULE 3D of the Bengal (Rural) Primary Education Rules 1940 provides that a 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.;