- (1.) This writ petition has been filed assailing the judgment and order dated 19th November, 2009 passed by the learned West Bengal Administrative Tribunal in case number O.A.388 of 2005 whereby and whereunder the said learned Tribunal dismissed the application filed by the petitioner herein on merits.
(2.) The petitioner herein claimed appointment on compassionate ground due to the sudden death of his uncle who died -in -harness on 13th June, 1993. The petitioner herein has specifically claimed that he was brought up by his uncle, the deceased employee from the childhood and he was the adopted son of his uncle. It is the specific case of the petitioner that he was solely dependent on the earnings of his uncle. After the sudden death of his uncle, the petitioner claimed appointment on compassionate ground.
(3.) The Director of Health Services, West Bengal examined the claim of the petitioner for appointment on compassionate ground and passed an order upholding the claim of the petitioner for appointment on compassionate ground. The relevant portion of the said order passed by the Director of Health Services, West Bengal on 30th April, 1999 is set out hereunder; I have gone through the relevant records and papers carefully. It is clearly stated in the Order of Labour Deptt. Vide No. 276(100) -Emp/10 -4/88 dated 16.4.88 that following points are to be examined before considering appointment on compassionate ground. i) Whether the family of the deceased employee is in immediate need of assistance. ii) Whether the petitioner was solely dependant on the earnings of the deceased employee. In the instant case the applicant is a near relative to the deceased employee and was dependant on the income of him. In view of the above, I am of the opinion to offer the applicant an employment according to his qualification on compassionate ground. All concerned be informed accordingly.;