AMRITA SINHA, J. - (1.) The reasoned order dated 27th February, 2012 passed by the Director (HR), West Bengal State Electricity Distribution Company Limited rejecting the prayer for compassionate appointment of the petitioner is under challenge in the present writ petition.
(2.) The facts of the case are as follows:- One Satya Kinkar Dey was an employee of the respondent/WBSEDCL. He died-in-harness on 8th February, 1996 leaving behind his widow mother and his sister the petitioner herein. After the death of the deceased employee the mother made an application in the prescribed form on 14th July, 1996 praying for offering compassionate appointment to her daughter. The said application had not been taken up for consideration. The petitioner moved before this court by filing a writ petition being WP 16427 (W) of 2009 which was disposed of on 13th September, 2011 directing the Secretary, West Bengal State Electricity Distribution Co. Ltd. to take a decision in the matter and to communicate the same to the petitioner within a period of 8 weeks from the date of communication of the order.
(3.) The case of the petitioner was considered and rejected. The grounds for rejection are set out herein below:- "On perusal of records, it is seen that the Office Order nos. 5233 dated 16.03.1995 read with Office Order No. C/IR/D.D.Emp./242 dated 04.04.2008 are the applicable Office Orders for judging the claim for employment of Smt. Rina Manna. In the said Office Orders, it has been stated that widow, son, unmarried daughter, widow daughter, dependant brother and unmarried/widow sister who are economically dependant on the concerned deceased employee are eligible for getting employment as dependant of the deceased employee. Even under the provisions of the Recruitment Policy, 2010, married sister is eligible for consideration of employment under died-in-harness category and hence Smt. Manna is eligible for employment in terms of Clause 6(f) of the Recruitment Policy, 2010. Since the petitioner Smt. Rina Manna was married as on date of submission of her application for employment as dependant of Lt. Satya Kinkar Dey, Ex-Linesman, she cannot be considered for such employment. I, therefore, in an open and fair mind, hereby order that the application for employment of Smt. Rina Manna sister of Lt. Satya Kinkar Dey cannot be considered for providing employment on compassionate ground in view of the fact that she is the married sister of the deceased employee and thus is eligible for getting employment against death of her brother as per prevailing rules of such employment.";