NISHITA MHATRE,A.C.J. - (1.) The subject matter of challenge in the present appeal is an order dated 11th June, 2012 passed by the learned Single Judge in W.P. No. 9412 (W) of 2007.
(2.) Mr. Lahiri, learned advocate appearing for the appellant, submits that the learned Single Judge erred in law in affirming the order of the respondent no.4 dated 19th March, 2007 by which the appellant's claim for compassionate appointment was rejected placing reliance upon a memorandum dated 6th June, 2005 issued by the Chief Secretary to the Government of West Bengal, Judicial Department though the same had no manner of application in respect of the appellant's claim since prior to issuance of the said memorandum, his father died in harness on 13th November, 2004 and the application for grant of compassionate appointment was submitted in the month of December, 2004 when the earlier memorandum dated 21st August, 2002 was in operation.
(3.) He further submits that in response to the said application for grant of compassionate, the appellant was interviewed on 29th January, 2005 and thereafter an order was passed on 2nd March, 2006. In the said order it was specifically indicated that the appellant's claim needs to be placed for consideration of the appropriate authority in terms of the Finance Department memorandum, dated 1st March, 2006 but no final order towards grant of compassionate appointment was communicated. Aggrieved thereby, the appellant approached this Court by a writ petition, being W.P. 14464 (W) of 2006 and by an order dated 28th July, 2006, the learned single Judge observed that the authorities should do the needful in terms of the memorandum dated 2nd March, 2006. In spite of said order, the appellant's claim was rejected by an order dated 19th March, 2007 observing, inter alia, that the appellant's claim is barred in terms of the provision of the memorandum dated 6th June, 2005 of the Labour Department.;