Jayanta Kumar Biswas, J. - (1.) The petitioner is fifty-nine. He is praying for a mandamus directing the respondents to appoint him as a primary school teacher on compassionate ground.
(2.) His father was a primary school teacher under the then District School Board, Nadia. He died-in-harness on March 6, 1977. At that date he was sixty- two. In ordinary course he was to retire on reaching the age of sixty. According to the provision of law existing at that time he was enjoying year to year extension, which he would have, been in a position to enjoy, until he was sixty-five. Claiming to be a dependant son of the deceased teacher, the petitioner requested the district school board to give him a compassionate appointment.
(3.) By call letter dated April 27, 1978 the board directed him to appear for interview on May 5, 1978. Thereafter nothing happened. In August 1990 he made a representation to the district inspector of schools that the board had not given him a compassionate appointment. In August 2006 he made a representation to the Chairman of Nadia District Primary School Council (the council came to be established in place of the previous board), alleging that he had not been given the compassionate appointment. Since the council did not take any steps, he took out the present writ petition dated September 19, 2006.;