RABINDRANATH GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CHALLENGE is to the non-consideration of an application for compassionate appointment in died-in-harness category. The question is whether the petitioner is entitled to get compassionate appointment on the death of his father who was a Librarian of Narayanpur Sri Durga Pathagar. He died-in-harness on January 3, 2002. The petitioner made an application for appointment on January 25, 2002 and then he submitted another application in proper form on October 7, 2002 for compassionate appointment. The petitioner is a Graduate in Science, but, his case was not considered though he belonged to a poor family. So, this application has been preferred.

(2.) THE respondents have contended that the petitioner is the son of the deceased employee. Though the Appointing Authority considered the case for appointment, the financial condition of the family of the deceased employee was not bad and that there is no hardship to maintain the daily livelihood. It was indicated that if the Finance Department gives clearance, the appointment could be made.

(3.) WITH regard to the financial condition and on the basis of that report of the Enquiry Committee, the Appointing Authority decides that the appointment on the compassionate ground may be given. This being the position, the contrary stand taken by the Government, in my view, cannot be supported.