- (1.) This is an application filed under Article 226 of the Constitution of India assailing a final order dated February 19, 2018 passed by the West Bengal Administrative Tribunal in the original application bearing O.A. 355 of 2016. By virtue of the order impugned to the original application an order dated August 7, 1997 passed by the respondent No.3 was not interfered with.
(2.) Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, we find that the father of the petitioner late Nripendra Nath Adhikari breathed his last on May 22, 1986 while he was working for gain as a temporary employee under the respondent No.3 for spraying D.D.T. At that point of time, the petitioner was 11 years old, i.e. a minor. About four years after attaining the majority, the petitioner submitted an application dated July 22, 1997 for his appointment on compassionate ground due to death of his aforesaid father in harness. It was rejected by the order impugned to the above original application. The learned Tribunal after considering the admitted fact of inordinate delay in submitting the application arrived at a conclusion that there was no immediate financial distress of family of the aforesaid late Nripendra Nath Adhikari.
(3.) We do not find that the decision of Syed Khadim Hussain vs. State of Bihar & Ors., 2006 9 SCC 195, as cited by the petitioner, helps the petitioner in anyway in view of the distinguishable facts and circumstances. In that case, the petitioner was a minor at the time of death of his father in harness. His mother has applied the application within time for appointment on compassionate ground. During the pendency of her application the son attended majority and submitted application for appointment on compassionate ground. But in the case in our hand, there was no application for about 11 years after the death of the father of the petitioner for consideration of appointment on compassionate ground and the petitioner had been waiting for 4 years to submit his application even after attaining the majority.;