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2007 Supreme(Cal) 283

PRANAB KUMAR CHATTOPADHYAY, ARUNABHA BASU
Nazrul Islam – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Ekramul Bari, Shami-ul-Bari, Bulbul Yeasmin, K.M. Hossain, S.M. Ali for the appellants;
P.S. Deb Barman for the respondent Nos. 4 & 5;
Bhudeb Bhattacharyya, Monotosh Chakraborty for the State.

JUDGMENT

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 whereunder 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 petiti





















































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