RABIUL ISLAM LASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard learned Advocates for the parties. In the writ application, the petitioner has prayed for the following reliefs:

(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 :

(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.