- (1.) THIS writ petition has been filed challenging the order No. 64-SJ dated 19th March, 2007 whereby the prayer of the petitioner for compassionate appointment was turned down in view of the Notification No. 97-EMP dated 6th June, 2005 issued by the Secretary, Judicial Department, Government of West Bengal.
(2.) THE facts giving rise to the instant case are as follows : The father of the petitioner was a process server in the District Judgeship of Howrah. He served for more than 33 years 5 months and 18 days. The petitioner's father died in harness on 13.11.2004. It is the case of the petitioner that immediately thereafter he made an application for his appointment on compassionate ground. However, no such application has been produced before this Court. It appears from annexure-"P/2" of this writ petition that a memo dated 19.01.2005 was issued by the Registrar, Civil Courts, Howrah, calling upon the petitioner to appear on 29.01.2005 at 3.30 P.M. for submission before the Committee of necessary papers and documents for consideration of his prayer for compassionate appointment. Thereafter the petitioner moved a writ petition being W.P. No. 20775 (W) of 2005, inter alia, praying for compassionate appointment to the aforesaid post. By order dated 1st December, 2005, the Court directed the petitioner to file a representation before the Secretary, Judicial Department, Government of West Bengal, for compassionate appointment which was directed to be disposed of in accordance with law within a specified time. Pursuant to such direction, on 9.12.2005 the petitioner made a representation for compassionate appointment, It is pertinent to note that by memo No, 97-EMP dated 6.6.2005, a notification was issued by the Government of West Bengal with regard to compassionate appointment of deceased employees- wherein it was, inter alia, provided that if the deceased employee had served more than 33 years such prayer shall not be considered. Initially, the Judicial Department passed an order dated 2.3.2006 on the representation of the petitioner. The said order was challenged before this Court in another writ petition being W.P, No. 14464 (W) of 2006 wherein a learned Single Judge of this Court remanded the matter for fresh consideration, inter alia, observing that in the aforesaid order dated 2.3.2006, the prayer of the petitioner had not been finally disposed of. Pursuant to such direction, the impugned order dated 19th March, 2007 has been passed by the Judicial Department, Government of West Bengal, turning down the prayer of the petitioner, inter alia, on the ground that his father had served in the District Judgeship for more than 33 years and therefore, he was not entitled to compassionate appointment in view of the aforesaid Government notification. Mr. Pal, learned Counsel appearing for the petitioner submitted that his client had made the representation prior to the issuance of the Government notification dated 19th March, 2005. Hence, consideration of the representation of the petitioner cannot be made in terms of the said Notification. It is further submitted that the said notification cannot have retrospective effect, and affect the vested right to appointment of the petitioner on compassionate ground. He further submitted that the claim of the petitioner was based on urgent need for financial assistance on the demise of the sole earning member of the family, namely, his father and the same ought not be denied.
(3.) LEARNED Counsel for the respondent submitted referring to Clause 14 of the said notification dated 06.06.2005 that the same shall apply to pending applications for compassionate appointment and, hence, the respondent authorities have not committed any wrong in rejecting the petitioner in the light of the above notification.;