ASHIM KUMAR BANERJEE,J. - (1.) The petitioner's father was working as Dome under the Health Department. He served the State for thirty three years. Just on the eve of retirement he died in harness. He had two years service to his credit. He left him surviving apart from daughters, two sons and widow. The eldest son was also a Government employee. The younger son applied for compassionate appointment being supported by his mother. The Assistant Chief Medical Officer, Medinipore recommended his case by observing that the family needed financial assistance as there was no earning member in the family. The Officer observed that the elder son was living separately with his family. He, however, relied upon a certificate of the local Commissioner and did not physically verify the same, at least not apparent from his report.
(2.) The Director, Health Service rejected the prayer for compassionate appointment by a non-speaking order appearing at page 55 of the petition. The Director observed that the family did not require any immediate financial assistance. The Tribunal considered the issue on merit. The Tribunal took into consideration the family pension, the family would get apart as the post-death benefit. The Tribunal applied the ratio decided in the case of Umesh Kumar Nagpal v. State of Haryana, reported in (1994) 4 SCC 138 wherein the Apex Court held that the object of grant of compassionate appointment was to tide over the sudden crisis the family suffered due to death of the sole breadwinner. The Tribunal also considered the ratio decided in the case of Bhawani Prasad Sonkar v. Union of India and Others, reported in (2011) 4 SCC 209 . We would feel it relevant to quote paragraph 20 of the said judgment wherein the Apex Court laid down the guidelines to be followed in the case of the like nature: "20. Thus, while considering a claim for employment on compassionate ground, the following factors have to be borne in mind : (i) Compassionate employment cannot be made in the absence of rules or regulations issued by the Government or a public authority. The request is to be considered strictly in accordance with the governing scheme, and no discretion as such is left with any authority to make compassionate appointment dehors the scheme. (ii) An application for compassionate employment must be preferred without undue delay and has to be considered within a reasonable period of time. (iii) An appointment on compassionate ground is to meet the sudden crisis occurring in the family on account of the death or medical invalidation of the breadwinner while in service. Therefore, compassionate employment cannot be granted as a matter of course by way of largesse irrespective of the financial condition of the deceased/incapacitated employee's family at the time of his death or incapacity, as the case may be. (iv) Compassionate employment is permissible only to one of the dependants of the deceased/incapacitated employee viz. Parents, spouse, son or daughter and to all relatives, and such appointments should be only to the lowest category that is Class III and IV posts."
(3.) We have carefully perused the decision of the Tribunal and do find any scope of interference.;