1. THE judgment of the Court was as follows:-

This writ petitioner impugned an inaction on the part of the respondent No. 4 to give appointment to the writ petitioner on compassionate ground in terms of an earlier order dated 31st March, 2008 passed in W.P. No. 13449 (W)/2005.

2. THIS case has a chequered history. One Durga Pada Majhi @ Soren was appointed as a primary teacher. The said teacher was subsequently attacked by various diseases and was medically incapacitated and was not in a position to render services any longer. In terms of the then prevalent rules, the said Durga Pada Majhi @ Soren applied on 17.4.1998 for permission to retire and prayed for appointment of the writ petitioner on the compassionate ground. Thus, the said teacher sought for an appointment of the writ petitioner on the ground of medical incapacitation.

The respondent No. 4 constituted an Enquiry Committee and report was duly submitted by such Committee. It was found by the said Committee that the family of the said teacher is in financial distress and recommended the said teacher to be examined by the Medical Board. In spite of such recommendation, no Medical Board was constituted. The said tea