Decided on December 19,2019

S. Deb Appellant
D. Sharma Respondents


AKIL KURESHI,J. - (1.)This petition is filed by the son of a deceased Government servant. He seeks appointment on compassionate ground under the Die-in-harness Scheme framed by the State Government.
(2.)Facts are that the petitioner's father, who was working as Helper Grade-II in the Government service died while in service on 06.12.2003. At the time of death of the Government servant, petitioner was about four years old. The widow of the Government servant had applied on 07.05.2004 for being given employment on compassionate grounds. However, since she did not have necessary educational qualifications the Government refused to appoint her on compassionate grounds, instead offered a lump sum one time financial assistance of Rs.50,000/- which she did not accept. On 14.08.2017, the petitioner attained majority. He applied for compassionate appointment on 30.06.2018. His application has not been responded by the respondents. He has filed the present petition and prayed for a direction to the respondents to grant him such appointment.
(3.)The respondents have filed their reply in which in addition to pointing out that the widow of the deceased Government servant was offered financial assistance, it is contended that the applicant of compassionate appointment must be minimum 18 years of age which can be relaxed by a maximum one year on the date of the death of the Government servant. In other words, only the dependant of the Government servant, who is a minimum of 17 years of age on the date of death, would qualify to make an application. In the present case, the petitioner was aged about 4 years and extension of such a long period is not envisaged under the Scheme. In view of the stand taken by the respondents in the said affidavit, counsel for the petitioner submitted that it would be futile to direct the respondents to consider and dispose of the application of the petitioner for compassionate appointment. He requested that the question may be decided in the present petition itself.

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