DEBANGSU BASAK,J. - (1.) The petitioner has sought compassionate appointment in the died in harness category.
(2.) Learned Advocate for the petitioner has submitted that, the father of the petitioner was working in the post of Senior Assistant in Raigunj University College. He had passed away on July 1, 2011 while in service. The college was affiliated to University of North Bengal at that time. Subsequently, the college was taken over by the Raigunj University. He has submitted that, the petitioner had applied for compassionate appointment on July 25, 2013. The authorities not taking any steps, the petitioner had moved a writ petition being W.P. No. 18813 (W) of 2015 which was disposed of by a judgment and order dated August 17, 2015 requiring the petitioner to make a fresh representation to the authorities. Upon receipt of such representation, the authorities were directed to consider the claim of the petitioner to grant the compassionate appointment in accordance with law. Learned Advocate for the petitioner has submitted that, the Raigunj University by the letter dated November 20, 2015 has stated that, since the college was taken over by Raigunj University subsequent to the death of father of the petitioner, and since the college concerned was then under the North Bengal University, the prayer for compassionate appointment should be made to the North Bengal University. He has relied upon (2008) Volume 13 Supreme Court Cases page 730 (V. Sivamurthy v. State of Andhra Pradesh and Ors.).
(3.) Learned Advocate the North Bengal University has submitted that, the application for compassionate appointment has to be considered in terms of the scheme existing at the time of consideration of the application. Presently, North Bengal University does not have any policy for grant of compassionate appointment in view of the Government Order dated May 19, 2014 where the Government has stated that, appointment on compassionate ground to the employees of Non Government Aided Institutions cannot be entertained. In support her contention that, the application for compassionate appointment has to be considered on the basis of the policy existing at the time of the consideration of the application, she has relied upon (2010) Volume 11 Supreme Court Cases page 661 (State Bank of India and Anr. v. Raj Kumar) and All India Reporter 2013 Supreme Court page 3365 (MGB Gramin Bank v. Chakrawarti Singh). Learned Advocate for the North Bengal University has referred to the Ordinances of the University of North Bengal and has submitted that, the petitioner is not entitled to the compassionate appointment.;