Calcutta High Court (Appellete Side)
Sri Sajal Kumar Maity vs The State Of West Bengal & Ors on 9 February, 2018
Author: Dipankar Datta
Bench: Dipankar Datta
1
09.02.2018
100.ML.AJ.
F.M.A. 906 of 2009
Sri Sajal Kumar Maity
-Vs-
The State of West Bengal & Ors.
Mr. Saktipada Jana,
Mr. Supratik Shyamal.
.....for the appellant.
Mr. Rabindra Narayan Dutta,
Mr. Sk. Afazuddin.
......for the respondents 1 to 4.
Mr. Monoranjan Jana.
......for the respondents 6 & 7.
We have heard Mr. Saktipada Jana, learned advocate appearing in support of the appeal, Mr. Dutta, learned advocate for the respondents 1 to 4 and Mr. Monoranjan Jana, learned advocate for the respondents 6 and 7.
It has been submitted by Mr. Saktipada Jana that in compliance with the order dated 1st December, 2008 passed in the appeal, the appellant has been permitted to resume duty in the school and he has been discharging the duty of a teacher since then, however, without any salary. Absence of any direction for payment of salary in the said order is cited as the reason therefor.
Such submission is not contested by Mr. Monoranjan Jana. The submission of Mr. Monoranjan Jana, however, is that the appellant has been discharging the duty of a teacher without any hearing-aid, which is suggestive of the appellant not suffering from any apparent disability. This submission is vehemently opposed by Mr. Saktipada Jana.
The dispute in this appeal centers around whether the appellant is a physically handicapped candidate (P.H.) or not who should have been appointed for the vacancy earmarked therefor.
Although the additional district inspector of schools concerned in the order which was challenged before the writ court had directed the appellant to produce the 2 original of the disability certificate and to undergo a medical test, it has been asserted by Mr. Saktipada Jana that the certificate in original had not been produced before the school by the appellant since he apprehended destruction thereof and to show his bona fide, the same is being produced before us.
We have perused the original certificate. It appears therefrom that the appellant has been certified to be "deaf" and his disability is approximately 60 %. However, the certificate is incomplete in the sense that the portion where the reason for such disability is required to be written, has been kept blank.
The original certificate is returned to Mr. Saktipada Jana. For the present, we are of the considered view that interest of justice would be best served if the appellant is directed to undergo medical examination. For this purpose, we direct the Vice-Principal -cum- Medical Superintendent, S.S.K.M. Hospital to constitute a medical board consisting of doctors attached to such hospital for examining the appellant and to report on the extent of his physical disability, if at all. The date on which the appellant is to present himself before the medical board shall be informed to Mr. Saktipada Jana at least 72 hours in advance of the date of examination. The report of medical examination together with the extent of disability, from which the appellant suffers, shall be placed before us on 9th March, 2018, when the appeal shall be listed once again under the heading "For Orders". Depending on the report of examination to be submitted by the medical board, we propose to pass further orders in the appeal.
( Dipankar Datta, J. ) ( Protik Prakash Banerjee, J. )