- (1.) This appeal has been preferred at the instance of the writ petitioners from the judgment and order dated 29th March, 2004 passed by the learned Single Judge in W.P. No. 19672(W) of 2003, whereby and where under the said learned Single Judge dismissed the writ petition.
(2.) The appellant No. 1 herein was an approved Primary Teacher of Baroghoria Primary School in the District of Malda. The said appellant No. 1 became permanently disabled before attaining the age of superannuation as he lost the vision and became completely blind. Since the respondent authorities did not take appropriate steps for declaring the appellant No. 1 as permanently disabled on account of his loss of vision, a separate writ petition was filed by the said appellant No. 1 before this Court on the earlier occasion which was numbered as W.P. 4782(W) of 2000. The aforesaid writ petition was finally disposed of by the learned Single Judge of this Court as hereunder: In those circumstances, it should be deemed that the petitioner became 100% visually invalid much prior to his attaining the age of 58 years and, accordingly the writ petition is allowed. The respondent Council is directed to treat that the petitioner has been declared by Medical Board on 29th April, 2000 to have been permanently disabled of incapacitated for life, for he became completely blind. The Council is thus directed to allow the petitioner to retire on the ground that the petitioner has become permanently incapacitated on 29th April, 2000 forthwith. The Council is also directed to make an enquiry as quickly as possible as but not later than two months from the date of service of a copy of this order to ascertain whether the family of the petitioner is in extreme economic hardship after such retirement of the petitioner. In the event it finds that the family of the petitioner is not in extreme economic hardship, the Council shall communicate the same to the petitioner in writing within 15 days from the date of taking such decision indicating the reasons to support such decision. In the event the Council is of the view that the family of the petitioner is in extreme economic hardship then the Council shall within 15 days from the date of such decision forward the name of the son of the petitioner to the Director of School Education (P.E.) seeking permission to give appointment to him. In the event such request is made by the Council, the Director is directed to decide the said request within 15 days from the date of making such request. In the event the Director refuses to accede to such request, he shall give reasons in support thereof and communicate the same to the petitioner.
(3.) Pursuant to the aforesaid order passed by the learned Single Judge of this Court, the Chairman Malda District Primary School Council ascertained the financial condition of the family of the appellant No. 1 and found that the said family was not in economic hardship after the retirement of the appellant No. 1.;