- (1.) This writ petition has been filed assailing the judgment and order dated 8th February, 2012 passed in Case No. OA 724 of 2011 by the West Bengal Administrative Tribunal whereby the said learned Tribunal rejected the claim of the petitioner for compassionate appointment on the ground that the family of the deceased employee received terminal benefits of more than seven lakhs and therefore, the said family of the deceased was not in acute financial distress.
(2.) Mr. Ekramul Bari, learned Advocate representing the petitioner however, submits that payment of terminal benefits cannot be a relevant consideration for assessing the financial condition of a family of the deceased employee. Mr. Bari relies on a decision of the Hon 'ble Supreme Court in the case of Balbir Kaur and Anr. v. Steel Authority of India Ltd. and Ors., reported in (2000) 6 SCC 493. The learned Tribunal, however, relied on several other decisions of the Hon 'ble Supreme Court in order to reject the claim of the petitioner.
(3.) It is not in dispute that the judgment of the Hon 'ble Supreme Court in the case of Balbir Kaur and Anr. (supra) is still valid and operative since the same has not yet been overruled by any subsequent decision of the Hon 'ble Supreme Court.;