Bhaskar Bhattacharya, J. - (1.) By this writ application, the writ petitioner, the son of the deceased employee of the respondent who died in harness, has prayed for setting aside circular being CHO/MPG/19/99 dated 21st September, 1999 issued by the Personnel Department, UCO Bank being Annexure P-3 to the writ application and for direction upon the respondent to give appointment to the petitioner on compassionate ground under 1990 Scheme.
(2.) The following facts are not in dispute : The father of the petitioner had died on November 9, 1996 during his service period. On November 28, 1996 the petitioner had submitted an application to the respondent No. 5 praying for appointment as "a die-in-harness candidate" on compassionate ground in the post of Peon-cum-Farash under the respondent. On December 11, 1996 the said application was forwarded to the Divisional Manager of the UCO Bank and the Divisional Manager duly recommended the said application. Subsequently, on October 21, 1990 the Regional Manager, UCO Bank issued a circular to the Manager of UCO Bank wherein he requested the Manager, UCO Bank, Amta Branch to ask the petitioner to resubmit the application for appointment on compassionate ground and pursuant to such direction, the petitioner refiled the application on 24th November, 1999. On December 15, 1999 the said Manager of UCO Bank, Amta Branch forwarded the said application to the Divisional Office at Howarh for consideration. On 8th August, 2000 the petitioner received a letter under reference No. WBD-Ill/PAD/ 681/2000 along with a.copy of new scheme being No. CHO/PMG/19/99 dated 21st September, 1999 from the Regional Manager, UCO Bank informing that the petitioner's case for appointment on compassionate ground had been rejected as the father of the petitioner died at the age of 59 years 4 months.
(3.) Being dissatisfied with such order passed by the respondent, the petitioner, in the past, filed another writ application before this Court being W.P. No. 2199(W) of 2002 which was disposed of by Dilip Kumar Seth, J. on June 14, 2002 by which His Lordship found that the petitioner's case was rightly dismissed in view of the new scheme of 1999. However, His Lordship gave liberty to the petitioner to challenge the validity of the 1999 scheme in accordance with law notwithstanding the dismissal of such writ application.;