STATE OF WEST BENGAL Vs. BINA DEBNATH

JUDGEMENT

(1.) BOTH the appeals bearing F. M. A. No. 898 of 2007 and F. M. A. No. 900 of 2007 are directed against the same order passed by the learned Single Judge on 15th March, 2006 while deciding the writ petition bearing W. P. No. 4451 (W) of 2006. The appeal bearing F. M. A. No. 900 of 2007 has been preferred at the instance of the W. B. S. E. B. authorities and the appeal bearing F. M. A. No. 898 of 2007 has been preferred at the instance of the State of West Bengal. Since both the aforesaid appeals have been preferred on identical grounds, the same are heard analogously and disposed of as hereunder:

(2.) THE writ petition was filed claiming compassionate appointment for the writ petitioner No. 2 as her father died-in-harness in the year 2000. This Hon'ble Court on the earlier occasion by the order dated 30th August, 2005 disposed of another writ petition filed previously by the present writ petitioners by directing the Secretary of the Power Department, government of West Bengal to consider the claim of the writ petitioners for appointment on compassionate ground on account of the sudden death of the concerned employee, namely the father of the writ petitioner no. 2. Pursuant to the said order of this Hon'ble Court, Principal Secretary, department of Power, Government of West Bengal considered the said prayer of the Writ petitioners for compassionate appointment and ultimately disallowed the same by the order dated 22nd December, 2005 on the basis of the principles and procedures laid down in the Notification no. 97-Emp dated 6th June, 2005.

(3.) CHALLENGING the said order dated 22nd December, 2005 passed by the Principal Secretary, Department of Power, Government of West bengal, subsequent writ petition was filed by the writ petitioners which was disposed of by the learned Single Judge on 15th March, 2006 by the order under appeal whereby and whereunder the said learned Single Judge directed the concerned authority to decide the aforesaid claim for compassionate appointment afresh in terms of the rule prevailing at the time when the concerned employee died. The learned Counsel of the respondent/writ petitioners submits that the concerned employee, namely the father of the writ petitioner No. 2 died in the year 2000 and, therefore, the principles and procedures laid down in the subsequent Notification dated 6th June, 2005 cannot be made applicable in deciding the claim of the writ petitioners for appointment on compassionate ground as the dependent family member of the deceased employee.