MAITJUL HOSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application was admitted on the 11th of June, 2008 for hearing on affidavits. By our aforesaid order we specifically directed the respondents to file affidavit-in-opposition enclosing the scheme providing compassionate appointment without fail ; failing which legal implication would follow. In spite of such direction, no affidavit-in-opposition has been filed, as recorded by the department.

(2.) TODAY none appears on behalf of the respondents ; hence we take up this matter for final hearing.

(3.) THE short fact leading to filing the present application is stated hereunder : one Sri Abdul Hannan, who was a postman under Salur Sub Post Office in the district of Murshidabad, died in harness on 20th October, 2001. On 23rd october, 2001, Superintendent of Post Office Murshidabad Division asked for furnishing requisite papers for compassionate appointment of the applicant. The matter was not proceeded with, so the petitioner filed an application before the learned Tribunal in 2006, being O. A. 504 of 2006. When this matter was heard finally it was divulged for the first time that his case for compassionate appointment has been considered by a Committee. ; namely, Circle Relaxation committee (in short CRC) wherein, in its meeting held on 21 st October 2005, it had been held that the case of the petitioner, along with other candidates who have been waiting for compassionate appointment for long time would be considered in future. In spite of above situation, learned Tribunal did not pass any order; rather gave direction upon the respondents for considering his case in future CRC. Petitioner's case is that, thereafter the Chief Post Master General, west Bengal Circle, passed an order on 27th of June 2007. Significantly, in terms of the direction of the learned Tribunal, CRC did not take a decision ; rather the Chief Post Maste'r General passed an order on 27th of June 2007 rejecting the claim of the applicant. Therefore, the applicant filed a subsequent application, being O. A. 666 of 2007 on which the impugned judgment and order was passed. Challenging the aforesaid order dated 27th of June 2007 and also the decision of the said CRC held on 21st October 2005.