P.K.Ray, J. - (1.) Heard learned Advocates for the parties. In the writ application, the petitioner has prayed for the following reliefs: "a) Writ or writs in the nature of Mandamus commanding the concerned respondents to act in terms of the order dated 22.11.90 passed by this Hon'ble Court and also to take immediate steps in accordance with the Memo No. 176-Edn(P) dated 22nd April, 1988 and/or any subsequent such memo issued by the concerned respondents and/or any subsequent such memo issued by the concerned respondents and/or in terms of the West Bengal Primary Education Act and the Rules framed thereunder forthwith and to act in accordance with the law. b) A writ in the nature of Certiorari directing the respondents to transmit and produce the relevant records and documents before this Hon'ble Court, so that conscionable justice may be administered."
(2.) The case of the petitioner is that the father of the petitioner while he was working in the post of Primary School Teacher in the concerned school suffered seriously from hypertension, loss of memory and bronchial asthma which prompted his father to file an application on 8. 6. 90 praying voluntary retirement on the ground of physical incapacitation and thereby appointment of the petitioner as a Primary School Teacher in terms of the Government circular providing such benefit. Since no medical board was set up, the petitioner's father moved a writ application before this Court registered as C. O. No. 14443 (W) of 1990, wherein K. M. Yusuf, J, (as His Lordship then was) by the order dated 22.11.90 disposed of the writ application in the following terms : "In the circumstances I direct the respondents to send the petitioner for examination by the Medical Board within 15 days from date and on the report of the Board to act in accordance with law. In case it is found that the petitioner is permanently disabled and incapacitated to discharge his duties as Teacher then the respondents shall allow voluntary retirement and the case of his son Md. Rabiul Islam Laskar shall be considered on compassionate ground in accordance with Memo dated 22nd April 1988 issued by the Education Department (Primary Branch)."
(3.) A medical board was set up ultimately and the said board declared the petitioner's father as physically incapacitated to work when already petitioner's father crossed 60 years of age. This certificate is dated 28.12.90, whereas petitioner's father reached 60 years of age on 30.9.90. The petitioner's father made several representations to implement the judgment passed by K. M. Yusuf, J, as referred to above on issue of appointment of his son. However, in the meantime, petitioner's father breathed last on 23.7.93. Since no response was received from the concerned Primary School Council, this writ application has been filed.;