- (1.) This writ petition is directed against the refusal of the respondents authorities to consider the case of the son of the petitioner for compassionate appointment to the post of a primary school teacher. The facts giving rise to this writ application are very briefly stated hereinafter. The petitioner was an Assistant Teacher of Tarapur Junior Basic School, hereinafter referred to as the school. The Date of Birth of the petitioner being 1st April, 1938, the petitioner due to retire from service of the school on and from 1st April, 1998 on attainment of 60 years of age. While the petitioner was in service of the school, the petitioner started facing acute heart problem, as a result of which the petitioner had to take leave. It is stated that the petitioner had to remain confined at home.
(2.) On and from 16th February, 1996, that is, about a month and a half before the petitioner attained the age of 58 years the petitioner made an application for voluntary retirement on medical grounds. The petitioner also requested the concerned respondents to consider the case of the petitioner s son, Karali Prosad Ghosh, for compassionate appointment. Rule 14 of the Rules regulating recruitment and rule of teachers in primary schools in West Bengal published pursuant to a notification No.763 Edn.(P) dated 22nd November, 1991 provides as follows: "Appointment on compassionate ground The Council may appoint primary teachers with the approval of the Director on compassionate ground in the following cases where in the opinion of the Council, the cases deserve compassionate consideration:- (a) when a teacher dies in harness before the date of his superannuation leaving a family which, in the opinion of this Council, shall be in extreme economic hardship, (1) the unemployed widowed wife, or (2) the unemployed son, or (3) the unemployed unmarried daughter, of the deceased primary teacher possessing required educational qualifications as laid down in sub-rules (a) and (b) of rule 6 and found eligible to teach, may make within two years from the date of such death a prayer in writing to the Council for appointment as primary teacher on compassionate ground, provided that only one member of a deceased primary teacher s family may be appointed on 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."
(3.) When a teacher applies for voluntary retirement and is allowed to retire at least two years before attaining the age of superannuation, one of his children might be considered for compassionate appointment subject to the criteria specified in the said rule. In other words, a ward might only be considered for compassionate appointment if the family of the retired teacher is in acute financial hardship. Even though the petitioner applied for retirement in mid-February, when he had over two years of service left, no Medical Board was constituted till after the petitioner crossed the age of 58 years. It is a matter of record that the petitioner stopped coming to the school a few months before he attained the age of 58 years. Yet, the respondent authorities are refusing to even consider the petitioner s son for compassionate appointment on the ground that the petitioner had actually been allowed to retire after he crossed 58 years of age and, therefore, had less than two years of service.;