w w w . L a w y e r S e r v i c e s . i n



Md. Tohidur Rahaman v/s State of West Bengal


Company & Directors' Information:- WEST COMPANY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U34203MH1995PTC092297

Company & Directors' Information:- MD INDIA PRIVATE LIMITED [Active] CIN = U74999DL2016PTC306314

Company & Directors' Information:- MD R INDIA PRIVATE LIMITED [Strike Off] CIN = U72400DL1999PTC097812

    F.M.A. 665 of 2010

    Decided On, 18 January 2018

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MS. JUSTICE PATHERYA & THE HONOURABLE MR. JUSTICE RAJASEKHAR MANTHA

    For the Appellant: Biswaroop Bhattacharya, Golam Mohiuddin, Reshmi Ghosh, Advocates. For the Respondents: Subir Sanyal, Susmita Sen, Advocates.



Judgment Text

1. This appeal has been filed from the order dated 11th January, 2010 passed in W.P. 9085 (W) of 2001. We find no reason to set aside this order. The court below rightly dismissed the writ petition.

2. In 1973, the West Bengal Primary Education Act, 1973 was promulgated and introduced in September, 1974. In 1991, Rules were framed and Rule 14 is of great importance to us. It is only for this reason that Rule 14 has been set out here-in-below.

"Rule 14. Appointment on compassionate ground.- (1) When a teacher dies in harness before the date of his superannuation, i.e,. the age of 60 years, leaving a family which is, in the opinion of the Council, in such extreme financial hardship that it fails to provide two square meals and other essentials to the surviving members of the deceased teacher's family, the- (i) spouse; (ii) son (iii) daughter of the deceased teacher's family who is possessing required educational qualifications as laid down in clause (a) and (c) of sub-rule (1) of rule 6 and unemployed, and not below 18 years of age and not above 45 years of age and found eligible to teach, may within two years from the date of such death make 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 deceased teacher may be appointed under the provision of this sub-rule.

(2) When a teacher applies to the Council 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 Council may direct him for appearing before the Medical Board set up for the purpose according to the procedure laid down in the relevant rules or order of the time being in force, and after receiving the report from the Council, if the Medical Board declares him permanently incapacitated to continue in further service, he may be allowed by the Council to retire on and from the date of submission in 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 members of the retired teacher's family, the-(i) spouse (ii) son, (iii) daughter, of the prematurely retired teacher, who is possessing required educational qualifications as laid down in clause (a) and (c) of sub-rule (1) of rule 6 and unemployed, and below 18 years of age and above 45 years of age 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 retired teacher may be appointed under the provisions of the sub-rule.

Provided further that if the Medical Board shall declare the teacher to be permanently incapacitated, the Council may allow him to rejoin the duty and the period of his absence, if any, shall be regularised as per existing leave rules applicable to him.

(3) On receipt of the application under sub-rule (1) or sub-rule (2), as the case may be, if the Council considers that the case deserves the compassionate consideration, it may, with the prior approval of the Director or his authorised officer, give appointment to the applicant as primary teacher.

(4) Notwithstanding anything contained in sub-rule (1) and sub-rule (2), the rules, orders or notifications issued by the Government relating to appointment on compassionate ground shall also be taken into account in making appointment under this rule."

3. The appellant's father was an Assistant Teacher and he died on 2.1.1995. On this day the appellant was a minor. His mother i.e., widow of the employee filed an application in 1996 and she studied upto the 8th standard. Therefore she would not be appointed as an Assistant Teacher in a primary school. She could have been engaged only as a Group-D staff, but this could not be applied to her. Later in 1998 when her son became a major he filed an application for compassionate appointment and this application was considered and it was after four years that he filed his application on the

Please Login To View The Full Judgment!

basis of the 1995 circular. But the 1995 circular would not apply in view of the 1991 Rules and considering the decision of the Special Bench in (2013) 1 CHN 18, this appeal cannot be entertained nor the order of the court below can be interfered with. 4. Therefore, this appeal is rejected and dismissed. 5. Certified copy of this order, if applied for, is given to the parties on priority basis. Rajasekhar Mantha, J. I agree.
O R







Judgements of Similar Parties

19-05-2020 Dipu Singh @ Hulo Versus The State of West Bengal High Court of Judicature at Calcutta
19-05-2020 Bibhas Kunti @ Bibhas Kuti Versus The State of West Bengal High Court of Judicature at Calcutta
18-05-2020 Najir Miah & Others Versus Md. Habib Miah & Another High Court of Tripura
13-05-2020 Md. Jahidul Islam & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
13-05-2020 Suprabha Adhikari & Others Versus The State of Tripura, Represented by the Secretary Revenue, West Tripura & Others High Court of Tripura
13-05-2020 Sudeb Mahato & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
02-05-2020 Ratan Ch. Banik Versus The State of Tripura, Represented by the Secretary to the Government of Tripura, Department of Finance, West Tripura & Others High Court of Tripura
28-04-2020 Dr. Fuad Halim & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
24-04-2020 S.K. Jalaluddin & Others Versus The State of West Bengal & Others Supreme Court of India
24-04-2020 Mohd. Asif Naseer Versus West Watch Company Through Its Proprietor Supreme Court of India
22-04-2020 West U.P. Sugar Mills Association & Others Versus The State of Uttar Pradesh & Others Supreme Court of India
17-04-2020 Dr. Faud Halim Versus State of West Bengal & Others High Court of Judicature at Calcutta
16-04-2020 In Re: Md. Samiul Islam Saon High Court of Judicature at Calcutta
16-04-2020 In re : Smarajit Roychowdhury Versus State of West Bengal & Others High Court of Judicature at Calcutta
08-04-2020 In Re: Contagion of COVID-19 Virus in Children Protection Homes Versus State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Joydeb Das Versus The State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Suresh Chandra Das Versus The State of Tripura to be represented by the Chief Secretary to the Government of Tripura, Civil Secretariat, New Secretariat Complex, West Tripura & Another High Court of Tripura
20-03-2020 Narottam Das & Others Versus The State of West Bengal High Court of Judicature at Calcutta
18-03-2020 West Bengal Small Industries Development Corporation Ltd. & Others Versus M/s. Sona Promoters Pvt. Ltd. & Others Supreme Court of India
18-03-2020 Managing Committee, Bheramari A.M. High Madrasah & Another Versus State of West Bengal & Others Supreme Court of India
13-03-2020 Rakesh Mondal & Another Versus The State of West Bengal & Another High Court of Judicature at Calcutta
13-03-2020 Md. Arif Versus The Union of India High Court of Judicature at Calcutta
12-03-2020 Rekhanlal Shrivastava Versus Union of India General Manager West Central Railway JBP High Court of Madhya Pradesh
06-03-2020 Sakuntala Devi Versus Dr. Md. Mumtaz Alam & Others National Consumer Disputes Redressal Commission NCDRC
06-03-2020 Subhadep Adhikari Versus The State of West Bengal & Others High Court of Judicature at Calcutta
06-03-2020 Indian Oil Corporation Limited (Marketing Division) Senior Area Manager, West Bengal Versus Biswanath Adhikary & Others National Consumer Disputes Redressal Commission NCDRC
04-03-2020 Avijit Biswas Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-03-2020 Suryaneel Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-03-2020 Marzina Bibi Versus The State of West Bengal High Court of Judicature at Calcutta
03-03-2020 United Bank of India, West Bengal Versus Ranjan Basu & Others National Consumer Disputes Redressal Commission NCDRC
03-03-2020 State of West Bengal Versus PAM Development Private Limited High Court of Judicature at Calcutta
02-03-2020 Dilip Shaw @ Sanatan & Another Versus State of West Bengal & Others Supreme Court of India
28-02-2020 Cauvery Construction, West Bengal & Another Versus Subrata Samanta & Others National Consumer Disputes Redressal Commission NCDRC
28-02-2020 Kaisar Versus State of West Bengal High Court of Judicature at Calcutta
28-02-2020 Amit Singh @ Amit & Others Versus The State of West Bengal High Court of Judicature at Calcutta
27-02-2020 Md. Salim & Others Versus Abdul Hafiz & Another High Court of Judicature at Calcutta
26-02-2020 Saani Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
25-02-2020 Supriyo Raychaudhuri Versus GTPL Kolkata Cable & Broadban Pariseva Ltd., West Bengal & Another National Consumer Disputes Redressal Commission NCDRC
25-02-2020 M/s. Tridev Express Cargo, West Bengal Versus IPSITA Saha, West Bengal National Consumer Disputes Redressal Commission NCDRC
24-02-2020 Md. Safique Versus The State of West Bengal High Court of Judicature at Calcutta
24-02-2020 Saurabh Kar & Another Versus Kolkata West International City Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
24-02-2020 Arup Dey Versus The State of West Bengal & Others High Court of Judicature at Calcutta
24-02-2020 Downtown Temptations Pvt. Ltd. Versus The State of West Bengal Supreme Court of India
24-02-2020 Md. Sarvar Versus State High Court of Delhi
21-02-2020 Secretary, Bairgachi High School Versus State of West Bengal & Others High Court of Judicature at Calcutta
20-02-2020 Md. Younus Ali Tarafdar Versus The State of West Bengal Supreme Court of India
20-02-2020 Motamarri Appanna Veerraju @ Mav Raju Versus The State of West Bengal Supreme Court of India
19-02-2020 Md Akibul Ali Versus State of Assam High Court of Gauhati
19-02-2020 Swapan Banerjee & Another Versus State of West Bengal & Another High Court of Judicature at Calcutta
19-02-2020 The Indian Golf Union & Others Versus West Bengal Golf Society & Others High Court of Judicature at Calcutta
17-02-2020 Aijul Gharami Versus State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Nibaran Mudi & Another Versus The State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Nure Shobha Begum & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
14-02-2020 Amirul Islam Versus State of West Bengal & Others High Court of Judicature at Calcutta
14-02-2020 Gurupada Das Versus The State of West Bengal High Court of Judicature at Calcutta
13-02-2020 Md Shafique Alam Versus State of Bihar High Court of Judicature at Patna
12-02-2020 Mariyam Begam & Others Versus The State of West Bengal High Court of Judicature at Calcutta
12-02-2020 Lachhu Indower Versus The State of West Bengal High Court of Judicature at Calcutta
10-02-2020 Rupa & Co. Ltd & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
07-02-2020 S.K. Anar @ S.K. Anarul Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Binoy Krishna Dey & Another Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Dilip Bera Versus The State of West Bengal High Court of Judicature at Calcutta
06-02-2020 Litan Sarkar Versus The State of West Bengal High Court of Kerala
06-02-2020 Md Mufty Ashadullah Versus Suresh Kr Dhanuka & Others High Court of Gauhati
05-02-2020 Mizanur Rahman alias Sk. Mizanur Versus The State of West Bengal High Court of Judicature at Calcutta
05-02-2020 Pradipta Kumar Jana Versus State of West Bengal & Others High Court of Judicature at Calcutta
04-02-2020 Md. Irfan & Others Versus The State of West Bengal High Court of Judicature at Calcutta
04-02-2020 Madan Barman Versus State of West Bengal High Court of Judicature at Calcutta
04-02-2020 Mira Rani Hazra & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
04-02-2020 Md. Ali Imam & Others Versus State of Bihar Thr. Its Chief Secretary & Others Supreme Court of India
04-02-2020 Rina Karmakar Versus Life Insurance Corporation of India, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
04-02-2020 Md. Mofazzular Rahman & Others Versus Md. Sarfaraz Alam & Others High Court of Judicature at Calcutta
29-01-2020 Mondal Construction Company Ltd., Uttarayan, West Bengal & Others Versus Recovery Officer Securities and Exchange Board of India, Kolkata & Others SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
28-01-2020 Somnath Majhi & Another Versus State of West Bengal High Court of Judicature at Calcutta
28-01-2020 New India Assurance Co. Ltd., Through its Authorised Signatory, New Delhi Versus M/s. Durga Bricks Industries, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
28-01-2020 Murshidabad Sale & Supply Co-Operative Society Ltd. Versus The State of West Bengal & Others High Court of Judicature at Calcutta
27-01-2020 Md. Anjarul Haque & Others Versus The State of Jharkhand & Others High Court of Jharkhand
27-01-2020 Dukhiram Bhattacharya Versus State of West Bengal & Another High Court of Judicature at Calcutta
24-01-2020 Chunaram Hansda Versus The State of West Bengal High Court of Judicature at Calcutta
24-01-2020 Dhenu Murmu Versus The State of West Bengal High Court of Judicature at Calcutta
23-01-2020 Md. Sikander & Another Versus The State of Manipur, represented through its Chief Secretary (Home), Government of Manipur & Others High Court of Manipur
22-01-2020 State of West Bengal & Others Versus Sanmohan Chatterjee & Others High Court of Judicature at Calcutta
22-01-2020 Kendriya Bhandar & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
22-01-2020 Bhaskar Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
22-01-2020 Nurul Huda & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
22-01-2020 Rajkishore Shaw @ Nandu & Others versus State of West Bengal High Court of Judicature at Calcutta
22-01-2020 The Divisional Manager F.D.C.M. West Chanda Project Division & Others Versus Nilkanth In the High Court of Bombay at Nagpur
21-01-2020 Md. Aziz Ahmad Versus State of Bihar & Another High Court of Judicature at Patna
21-01-2020 TITEC Finance Ltd. Versus The State of West Bengal & Others High Court of Judicature at Calcutta
21-01-2020 Krishna Daga & Another Versus West Bengal Surface Transport Corporation Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
21-01-2020 Jagjit Singh Versus The State of West Bengal High Court of Judicature at Calcutta
21-01-2020 Chayan Chatterjee Versus State of West Bengal & Another High Court of Judicature at Calcutta
21-01-2020 Pranati Das @ Puja Shil Versus The State of West Bengal High Court of Judicature at Calcutta
20-01-2020 Manoj Kumar Chowdhury Versus State of West Bengal & Others High Court of Judicature at Calcutta
20-01-2020 Debdas Mondal Versus State of West Bengal High Court of Judicature at Calcutta
18-01-2020 Mokhtar Alam @ Md Mokhtar Alam Versus State of Bihar High Court of Judicature at Patna
16-01-2020 Amirul Haque Versus State of West Bengal High Court of Judicature at Calcutta
16-01-2020 Prita Prasad & Another Versus Md. Khalil & Others High Court of Judicature at Patna
16-01-2020 Bijoy Mondal & Others Versus State of West Bengal High Court of Judicature at Calcutta


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box