Soumitra Pal - (1.) Instant appeal arises out of an order dated 8.8.1997 passed by the learned Trial Judge, inter alia, granting liberty to the Chairman to comply with the Court's order by issuing an appointment letter in favour of the petitioner by 19.9.1997.
(2.) The facts are that Gangadhar Nandy, the Headmaster of a school and father of the respondent/ writ petitioner died on 21.12.1991 at the age of 62 years and 21 days, that is, after he was superannuated at the age of 60 years. At the time of death the said Gangadhar Nandy was on a third extension on his prayer for extension of such service. After the death of the said Gangadhar Nandy, his son filed an application for being appointed as an Assistant Teacher as a dependent heir or ward of a teacher who died-in-harness. Pursuant to such application his prayer was considered but the respondents declined his prayer for appointment on compassionate ground.
(3.) In such circumstances being aggrieved, the petitioner being the son of the deceased moved the writ application being C.O. No. 8435(W) of 1993. The relief as prayed for by the writ petitioner in the writ petition, which is relevant, is as follows: - "A) Writ in the nature of Mandamus commanding the respondents to forthwith give employment on regular basis to the petitioner in the post of Assistant Teacher in any primary school under Kalna South Circle, Burdwan as the son of deceased Head Teacher, Gangadhar Nand who died-in-harness.";