Paritosh Kumar Mukherjee, J. - (1.) The present writ petition was moved on behalf of Paresh Chandra Mahato, challenging an order issued by the Superintending Engineer, National Highway Circle No. I, dated September 11, 1991.
(2.) By the said order, which is Annexure 'G' to the writ petition, the Superintending Engineer observed as follows: The offer of employment on compassionate ground to a son/daughter/near relation in the event of death or permanent disablement of a Government servant while in service may be made only in the cases arising on or after 17.10.75.
(3.) The Superintending Engineer then explained to the Counsel, had this date of effect would not have interfered, the case of appointment of Shri Paresh Chandra Mahato, the Petitioner, would have been cleared, but in the instant case since his father had retired from service on the ground of invalidity before the date of effect of the order, this office has no authority to approve appointment of him on compassionate ground even if he has been found otherwise fit for issue of an appointment letter in his favour on the basis of interview, medical examination and Police verification. It was also admitted before the Counsel that when a candidate has no chance of being appointed on compassionate ground on account of inhibition of a Government order, in the fitness of things, such candidate should have been spared the embarrassment of appearance for an interview and medical examination.;