Managing Committee/Ad-hoc Committee / Administrator / Head of the Madrasah, as the case may be, does not issue appointment letter to the recommended candidate without reasonable ground or does not intimate the Commission about the same with explanation, the Commission shall refer the matter to the Minority Affairs and Madrasah Education Department for necessary steps in accordance with the Section 12 of the Act and the Commission shall not recommend any other name to any post in that Madrasah till the clearance from the Minority Affairs and Madrasah Education Department.
26. Joining : On receipt of the appointment letter from the Madrasah authority, the candidate shall join the post within the stipulated period as mentioned in the appointment letter.
27. Effect of non-joining : If—
(a) a recommended candidate—
(i) refuses to accept appointment or appointment letter is refused, or
(ii) does not join the post within the stipulated period after getting the appointment letter, or
(b) the Commission gets any information from Madrasah, or from the concerned District Inspector of Schools (SE), or otherwise, that a candidate recommended for appointment has not accepted the offer of appointment within the stipulated period, the Commission may cancel and withdraw the recommendation or strike off the name of such candidate from the panel and recommend the name of a candidate from the waiting list strictly in order of merit within the validity period of the panel and waiting list.
CHAPTER-X Provision for Recruitment/ Appointment on Compassionate Ground
28. (1) Criteria: When a staff, teaching or non-teaching, —
(a) Dies-in-harness before the date of superannuation, leaving his/her family in such extreme financial hardship whereby the family fails to provide two square meals and other essentials (bare necessities) to the surviving members of the deceased's family, or
(b) Becomes permanently incapacitated by accident or on medical ground in the opinion of the Medical Board before attaining 58 years of age and is allowed by the Director of Madrasah Education, West Bengal, to retire before attaining 58 years of age and due to his/her early retirement, if the family is in such extreme financial hardship fails to provide two square meals and other essentials (bare necessities) to the family members of the retired staff, A family member (spouse, son or daughter) may be appointed on compassionate ground in the post of Group-C or Group-D, suitable to his/her qualification, subject to the availability of vacancy and the condition laid down hereinafter in sub-rule (2) of this Rule and following the procedures stated later on.
PART I] THE KOLKATA GAZE 11 E, EXTRAORDINARY, APRIL 19, 2023 11
(2) Conditions : (i) The dependent family member, other than the spouse of the deceased/Permanently incapacitated teacher or non-teaching staff under Rule 28 (1) (a) or (b) seeking appointment on compassionate ground,—
(a) Shall be bound to look after and maintain the dependent member(s) of the deceased/permanently incapacitated staff, particularly the incapacitated staff and his/ her spouse, if appointed.
(b) The candidate has to submit an affidavit in original, in prescribed format, sworn before First Class Judicial Magistrate, along with the application for appointment on compassionate ground.
(ii) The failure to perform the duty to the dependent member(s) shall entail termination of the appointment/ service.
(iii) He/she is not entitled to any post higher than that held by the Staff while dying in harness or retiring prematurely, as the case may be, subject to higher limit of Group-C post.
(3) Limitation.— Only one eligible member of the family may be appointed under the provision of the sub-rule
(2) of this rule. In case of appointment of a dependent member of the deceased/permanently incapacitated teacher or non-teaching staff other than the spouse, the decision of the incapacitated teacher/staff or the spouse of the deceased shall be final. In case of absence of the both, the decision, of the majority of the dependent members, to be recorded by Affidavit before the First-Class Executive/Judicial Magistrate, shall be final.
(4) Application.— The spouse or a ward of an approved staff, subject to any criterion and condition laid down in sub-Rules (1) and (2) respectively of this Rule having requisite qualification, not below 18 years of age and not above 45 years of age, may apply in writing in the prescribed format within two years of the death or incapacitation as per sub-rule (1) (a) or (b) of rule 28 to the District Inspector of Schools (SE) concerned or any authorized person for appointment on compassionate ground :
Provided that in case of academic ineligibility of the spouse and under-age of the dependent wards, the application may be made beyond two years from the date of death/incapacity, as the case may be, upon the attainment of the minimum age and/or minimum academic eligibility of the dependents.
(5) Enlistment : The District Inspector of Schools (SE)/any authorized officer concerned shall process the application(s), enter the names of all eligible applicants praying for appointments on compassionate ground in separate registers. In case of rejection of any prayer, the same shall be intimated to the applicant with reason.
(6) Forwarding : The District Inspector of Schools (SE) shall forward all such names of the enlisted candidates with recommendations mentioning particulars like educational qualifications, address, date of birth, choice of posting (area) along with authenticated copies of certificates of qualification, birth, etc. directly to the Commission with an intimation to the applicants.
(7) Panel (s): The Commission shall maintain such information in separate register or database mentioning the date of receipt of such applications from the concerned District Inspector of Schools (SE) or authorized officer. Thereafter, the Commission shall prepare the panel(s) and dispose them in accordance with the provisions of rules 7 (8) and 21.
(8) Scope of recommendation : Recommendation on compassionate ground shall not be confined to the Madrasah where the deceased/incapacitated, teacher or non-teaching staff, had worked/had been working.
Recommendation can be made anywhere depending upon the availability of suitable vacancy(ies). The convenience and choice of a female candidates shall be given preference over male candidates.
(9) Issue of Appointment Letter : The provisions of rules 24, 25, 26 and 27 shall apply mutatis mutandis in case of appointment on compassionate ground.
Explanation.— The expression "Financial hardship" in relation to income of a deceased/permanently incapacitated Teacher or non-teaching staff consisting of up to five members in his family, shall mean an amount of income 12 THE KOLKATA GAZE 11E, EXTRAORDINARY, APRIL 19, 2023 [PART I less than the initial gross salary of Group 'D' staff of the State Government at that material point of time. For computation of income of such family, the income of an amount earned by each family member from any other sources than Provident Fund, Gratuity and 40% of Family Pension of the first seven years or upon the attainment of sixty-seven years of age of the deceased teacher, had he been alive, whichever is earlier, at the material point of time, shall be taken into account :
Provided that if the family of the deceased/permanently incapacitated teacher or non-teaching staff exceeds five members, the income so computed under this explanation shall be reduced 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.
N.B.— The calculation should be made as per fixation under the ROPA Rules prevailing at that material point of time.
CHAPTER-XI General Transfer, Mutual Transfer and Transfer on Special Ground
29. General Transfer :
(1) The applicant (teachers/ non-teaching staff) must be full time approved staff and shall be eligible to apply for general transfer only after the confirmation of service.
(2) An incumbent shall be eligible for General Transfer only if he/she completes two years of service in that particular Madrasah, in particular post, from which he/she seeks General Transfer :
Provided that the Commission may transfer any teaching and non-teaching staff of Madrasahs as and when required in the interest of public service.
No application under General Transfer shall be entertained if he/she intends to get transferred to a Madrasah within a distance of 20 KMs from the present serving Madrasah.
(4) Where a candidate under transfer is not released by the current serving Madrasah after transfer recommendation by the Commission, the candidate shall be stand released by the concerned District Inspector of Schools and be directed to report to new Madrasah within due time.
Where an incumbent refuses to join his/her preferred Madrasah after due recommendation by the Commission, such incumbent concerned shall not be allowed to submit application for three subsequent terms of General Transfer either for inter district transfer or for within district transfer.
(6) An incumbent, who has been transferred under General Transfer before coming into force of these rules, shall not be considered for General Transfer under these Rules.
No staff shall get the benefit of General Transfer more than once in the same category of post.
(3)
(5)
(7)
(8) A teacher or non-teaching staff appointed in Bengali Medium Madrasah shall not be eligible for transfer in Urdu Medium Madrasah and vice versa.
(9) Seniority/preference for transfer shall be determined in the modes specified in Schedule IV on the basis of date of joining in the current serving Madrasah.