TAPAN KUMAR BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application, in spite of notice, is unopposed either by filing affidavit-in-opposition, though direction was given at one point of time and also by appearance, though repeated notices were served and such last notice was served on 10th January, 2008 pursuant to our earlier direction dated 10th january, 2008. Affidavit of service is kept on record. Hence, we have no option but to proceed with the hearing in absence of the State.

(2.) THIS application has impugned the order of the learned Tribunal dated 21st September, 2004 whereby and whereunder the application filed before the learned Tribunal for obtaining relief for compassionate appointment, was rejected. Short fact, for which the application before the learned Tribunal was filed is as follows:

(3.) THE applicant is the son of one Late Birendra Nath Barman. He has sufficient educational qualification and he belongs to the scheduled caste community. His father died in harness on 16th December, 1999. Consequent upon his death, under the relevant rules the applicant applied on 21st december, 2000 for compassionate appointment. His application was duly processed and examined by the department. By an order dated 26th september, 2002, the Director of Health Services rejected the prayer observing that need for immediate financial assistance is absent in the instant case. The aforesaid order was challenged by filing an application before the learned Tribunal being O. A. No. 433 of 2003. The said application was disposed of by an order dated 30th July, 2003, setting aside the order passed by the director and directing the Director to consider the matter by passing a speaking order.