DIRECTOR GENERAL EMPLOYEES STATE Vs. BHARATI BANERJEE

JUDGEMENT

(1.) The writ application has been filed by the Director General Employees' State Insurance Corporation having its office at Panchdeep Bhawan, Kotla Road, New Delhi, 110002, challenging the order in connection with OA No. 1327 of 2005 by which the learned Tribunal directed the Director General again to consider the appointment of the applicant No. 2 i.e. the respondent No. 2 herein as and when vacancy would arise in the quota prescribed for compassionate appointment on the basis of the date of application. On 1st July, 2000 one Badal Kumar Bandopadhyay, Head Clerk of ESTC, who is the husband of the respondent No. 1 and father of the respondent No. 2 died in harness and accordingly on 28th July, 2000 the respondent No. 1 i.e. the wife of deceased Badal Kumar Bandopadhyay 2 made an application before the Regional Director, ESIC praying for an appointment in the Group-D category for respondent No. 2. She again made one representation on 3rd July, 2001 for compassionate appointment in favour of her eldest son i.e. the respondent No. 2.

(2.) The Deputy Director (Administration) by his letter dated November, 2003 intimated respondent No. 2 that his case was placed before the committee consisting of Insurance Commissioner, Medical Commissioner and Additional Commissioner (PNA), ESIC. But the committee after going through the details of the case expressed its inability to appoint him on compassionate ground.

(3.) Thereafter, as per the direction of the Hon'ble Court and in connection with the WP No. 19903(W)/2003, the respondents filed an application before the Central Administrative Tribunal, Calcutta Bench, being OA No. 94/04, and after hearing the respective parties, the Learned Tribunal was pleased to dismiss the said application filed by the respondent Nos. 1 and 2.