PRASENJIT MANDAL, J. - (1.) CHALLENGE is to the non-consideration of an application for compassionate appointment in died-in-harness category. The question is whether the petitioner is entitled to get compassionate appointment on the death of his father who was a Librarian of Narayanpur Sri Durga Pathagar. He died-in-harness on January 3, 2002. The petitioner made an application for appointment on January 25, 2002 and then he submitted another application in proper form on October 7, 2002 for compassionate appointment. The petitioner is a Graduate in Science, but, his case was not considered though he belonged to a poor family. So, this application has been preferred.
(2.) THE respondents have contended that the petitioner is the son of the deceased employee. Though the Appointing Authority considered the case for appointment, the financial condition of the family of the deceased employee was not bad and that there is no hardship to maintain the daily livelihood. It was indicated that if the Finance Department gives clearance, the appointment could be made. Having heard the submission of the learned Advocates of both the sides and on perusal of the materials on record, I find that the Appointing Authority came to the conclusion that the compassionate appointment may be given. So far as the report of the Enquiry Committee is concerned, as to financial hardship, the contention of the respondents authority was to the effect that the petitioner lives in a two storied building, but, this has been refuted by the petitioner contending that there is a 100 sq. ft. roof and tiles/tin on overhead of first floor, more than 30 years old house and that there is no land as stated in the enquiry report. Not only that, they have no house on their own land, but, they are residing on the land on the basis of permissive possession. The Enquiry Committee is the fact-finding committee.
(3.) WITH regard to the financial condition and on the basis of that report of the Enquiry Committee, the Appointing Authority decides that the appointment on the compassionate ground may be given. This being the position, the contrary stand taken by the Government, in my view, cannot be supported.;