PROSANTA KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The decision of the West Bengal Administrative Tribunal in O.A. No. 934 of 2003 has been impugned in the present petition. By its order dated 17th April, 2008, the Tribunal has dismissed the Original Application filed by the petitioner for employment on compassionate grounds.

(2.) The brief facts giving rise to the petition are as follows: The petitioner's father worked as a Class-IV staff (G.D.A.) in Dr. B. C. Roy Chest Sanatorium from 14th July, 1967. He was declared medically unfit for duty by the Medical Board after examining him. After the petitioner's father was declared incapacitated for service with effect from 16th October, 2000, the petitioner and his father submitted applications in November, 2000 praying that the petitioner should be appointed on compassionate grounds in the place of his father. As the authorities did not pay any heed to his request, the petitioner sought the intervention of the Chief Minister, West Bengal, by a letter dated 9th July, 2001. Thereafter on 4th July, 2002 the Director of Health Services rejected the petitioner's prayer for compassionate appointment.

(3.) An application was filed by the petitioner under Section 19 of the Administrative Tribunals Act being O.A. No. 1294 of 2002 before the West Bengal Administrative Tribunal. The order of the Director of Health Services was set aside by the Tribunal by its order dated 13th September, 2002. The Tribunal directed the authorities to pass a speaking order.