Harish Tandon, J. - (1.) The petitioner has assailed the decision of the Director of the School Education, West Bengal, Vide Memo No. 1105 (7) dated 03.09.2009 whereby and whereunder an application for appointment on compassionate ground was rejected on the ground of delay as well as on the basis of the subsequent government order.
(2.) In spite of the direction dated 24.03.2011, no affidavit in opposition is filed by the respondents. However, the learned Advocate appearing for the council proceeded to argue the matter at length.
(3.) The case adumbrated in the writ petition is that the petitioner No. 1 was appointed as a Primary Teacher and was working in Sujapur Kumodini Primary School, District -Malda under the respondent No. 4, Malda District Primary School Council. The petitioner No. 1 applied for his premature retirement on the ground of medical incapacitation. The said application was submitted by the petitioner No. 1 in prescribed proforma before attaining the age of 58 years.;