Jayanta Kumar Biswas, J. - (1.) The petitioner is aggrieved by the decision of the Chairman, Malda District Primary School Council dated May 12, 2006, the relevant portion whereof is : "With the above mentioned reference and subject, I like to inform you that no prayer for appointment under died-in-harness category received from the member/members of the deceased teacher Kshiti Rani Panday since the date of death 20-02-2004 i.e., within two years from the date of such death as per Notification No. 57-SE(Pry)/10 R-1/91 dated 15-01-2002."
(2.) As a dependant of the deceased primary school teacher the petitioner wanted the council to consider his case for compassionate appointment. His mother died-in-harness on February 20, 2004. Alleging that though he duly submitted the application seeking compassionate appointment, the council was not considering the case, he took out Writ Petition No. 1658(W) of 2006 in this Court on January 16, 2006. By order dated April 7, 2006 that was disposed of directing the council to give its decision in the matter.
(3.) The case of the petitioner is that the application dated April 12, 2004 was submitted in the office of the council with certificates issued by some authorities including the Sabadhipati of Old Malda Panchayet Samity. The case of the council is that the application dated April 12, 2004 was never submitted. Its further case is that since no application was submitted within the statutory period, there was no scope to consider the case of compassionate appointment to the petitioner.;