Arun Kumar Mitra, J. - (1.) In this writ petition, claim is for appointment on compassionate ground on the death of the father of the petitioner. The petitioner prayed for writ of Mandamus commanding the respondents to provide the writ petitioner with employment in place of the petitioner's father on compassionate ground. The petitioner also prayed for writ of Mandamus for direction upon the respondents to follow the Resolution No. 166 dated 27.2.80 of Calcutta Dock Labour Board relating to compassionate appointment which is Annexure-B to the writ petition.
(2.) Admittedly, Late Abdul Rehman was the employee of Calcutta Dock Labour Board and he died on 6.4.83. According to the petitioner his father died out of the serious accident on 6.4.83 and'according to the respondents, he died not out of any accident but out of Cardio Respiratory Failure as per the medical report of the hospital. The respondents in paragraph 4 of the affidavit- in-opposition filed on behalf of the Respondent 2 to 5 quoted the portion of the report of the Chief Medical Officer of Calcutta Dock Labour Board. From the said report, as quoted, it appears that the petitioner had difficulty in respiration due to T.B. and he was given necessary treatment and ultimately he expired at 10.30 A.M.
(3.) According to the petitioner there is a resolution of the Calcutta Dock Labour Board being Resolution No. 166 dated 27.2.80 and the petitioner quoted Clause(a) of the said resolution in paragraph 5 of the writ petition and has annexed the entire resolution as Annexure-B therein. The said Clause (a) runs as follows: "Died in harness" would mean- (i) death in accident in course or arising out of the actual work on duty. (ii) Pre- mature death on any account whatsoever, like illness accident while on duty etc. or pre-mature retirement on medical ground. Cases under Clause (i) above would get priority in appointment.";