RAKESH HELA Vs. SUBASH BOSE

JUDGEMENT

(1.) The Principal Secretary to the Government of West Bengal had issued Notification No.301- EMP/1M-10/2000 dated August 21, 2002 in exercise of the powers conferred by sub-section (a) of section 3 of the West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999 (hereafter the Act) declaring categories of persons who would comprise the "exempted categories" for the purpose of the Act. Inter alia, dependants of employees dying-in- harness were categorised as one of several exempted categories.

(2.) By Notification No.303-EMP/1M-10/2000 dated August 21, 2002, the Principal Secretary laid down the general procedure to be followed in respect of different exempted categories. Part of such notification, relevant for the present purpose, reads as follows:

(3.) The petitioner's father died-in-harness on September 15, 2002. An application for compassionate appointment was made by the petitioner on May 3, 2005.