Soumitra Pal, J.

In this writ petition, the petitioner, an applicant for compassionate appointment, has prayed for a direction upon the respondents for enlisting his name in the live register of Died in Harness Category after setting aside the order contained in the memo dated 27th July, 2012 issued by the Director of School Education, West Bengal, the respondent no.2 rejecting his application.

The facts which are relevant for adjudication are that Jaharlal Maiti, the father of the petitioner, an Assistant Teacher of Nafarganj Baidyanath Vidyapith, South 24 Parganas, had expired on 18th August, 2006 while in harness leaving behind Usha Rani, his wife and two sons Debabrata and Debdatta. Thereafter on 2nd November, 2006 Debdatta, the petitioner, filed representation along with necessary documents, before the District Inspector of Schools (S.E.) South 24 Parganas, the respondent no.3 for appointment on compassionate ground. Subsequently on 7th September, 2006 the petitioner along with his mother and elder brother swore an affidavit that they are the heirs of the deceased. On 10th October, 2006 the Savapati, Contai-III, Panchayet Samiti, Purba Medinipore certified that none