Protik Prakash Banerjee, J. - (1.) Affidavits in opposition and reply have been filed in Court today. Even though these have been affirmed beyond the period delimited, by the order dated December 19, 2016 the delay in filing the affidavit in opposition and consequently the reply is condoned on the prayer of the parties.
(2.) The prayer of the writ petitioner for being appointed on compassionate ground on the death of his father, the sole bread earner of the family was refused by the statutory authorities. This was done by an order dated September 28, 2016. This was done on the basis of the Rules 20 and 21 of the West Bengal School Service Commission (Selection of Persons for Appointment to the post of non-teaching staff) Rules, 2009 read with Schedule V thereof. In terms if the said schedule, there is a condition which the family of the deceased has to fulfill before any person belonging to it is held to be eligible for appointment. This is given in the explanation after first proviso to paragraph 1 of the said schedule. To summarise, this defines financial hardship in case of both a deceased teacher and a non-teaching staff to an income less than the initial gross salary of Group D staff of the State Government. The said explanation is set out hereinbelow: " Explanation: The expression 'financial hardship' in relation to income of a deceased Teacher or non-teaching staff consisting of to five members in his family, shall mean an amount of income less than the initial gross salary of Group 'D'staff of the State Govt. of the material point of time. For computation of income of such family, an income of an amount earned by each family member from any other sources that provident fund, gratuity and 40% of Family Pension the first seven years or upon the attainment of sixty seven years age of the deceased teacher had he been alive, whichever is earlier, of the material point of time, shall be taken into account. Provided that if the family of the deceased teacher exceeds five members, the income so computed under this explanation shall be induced by 20% for each member exceeding five and the amount so arrived at, shall be taken into consideration in computing the income for the purpose of comparing it with the gross salary income of Group 'd' staff at the initial stage at the material point of time. When a Teacher or non-teaching staff applies to the District Inspector of Schools, (Sec. Edn.) for being declared permanently incapacitated on medical ground before attaining 58 years of age and discontinues to attend his duty for the reason of such incapacitation the District Inspector of Schools, (Sec. Edn.) may direct him for appearing before the Medical Boards set up for the purpose being in force and after receiving the report from the Medical Board, if the Medical Board declares him permanently incapacitated to continue in further retire on and from the date of submission of such application and by virtue of his early retirement, if his family is in such extreme financial hardship that it fails to provide two square meals and other essentials to the family members of the retired Teacher or nonteaching staff, the- (1) Spouse, (ii) Son, (iii) Daughter."
(3.) This has been provided by the Sate of West Bengal thereby equating the teacher with Group D staff as also non-teaching staff with a Group D staff.;