Sambuddha Chakrabarti, J. - (1.) The father of the petitioner was an employee of Damodar Valley Corporation (Corporation, for short). He died-in-harness on February 9, 2003. The mother of the petitioner made an application for her appointment on compassionate ground. The petitioner at the relevant point of time was a minor. The local MLA forwarded the said application. The authorities of the Corporation by a letter, dated August 7, 2003 informed the local MLA that as per the present policy 25% of Group-D posts were filled up on compassionate ground subject to availability of vacancy at the respective project. The respondent no. 5 by a letter, dated July 12, 2007 informed the mother of the petitioner that the Corporation had introduced a scheme for payment of lump sum amount as one time settlement for compassionate cases. Subsequently, the respondent no. 5 by a letter, dated August 11, 2008 informed the mother of the petitioner about introduction of the said scheme for payment of lump sum amount of Rs. 5 lakhs as one time settlement in lieu of employment on compassionate ground. The Scheme was optional. She was required to furnish an undertaking on a non-judicial stamp paper of Rs. 50/- to enable them to proceed further in the matter of settlement of her case as per the provisions of the said scheme.
(2.) Subsequently by various letters till March 8, 2016 the respondents repeatedly informed the mother of the petitioner of the contents of the said scheme and asked her to opt for lump sum amount. The petitioner states that his mother all through wanted an appointment on compassionate ground as she was not willing to accept Rs. 5 lakhs.
(3.) After the petitioner had attained majority he made an application before the Joint Director, of Personnel i.e., the respondent no. 3 on June 15, 2017 for providing him with an appointment on compassionate ground on the death of his father. The application was accompanied by a No-Objection certificate by his mother as well as the educational certificate of the petitioner. The petitioner contended that his appointment on compassionate ground would be governed by the relevant office memorandum and circulars which were in existence at the time of the death of his father and not by the subsequent office memorandum or circulars or schemes that may be framed by the authorities concerned.;