DIPANKAR DATTA, BIBEK CHAUDHURI, JJ. - (1.) The Principal Secretary to the Government of West Bengal had issued Notification No.301- EMP/1M-10/2000 dated August 21, 2002 in exercise of the powers conferred by sub-section (a) of section 3 of the West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999 (hereafter the Act) declaring categories of persons who would comprise the "exempted categories" for the purpose of the Act. Inter alia, dependants of employees dying-in- harness were categorised as one of several exempted categories.
(2.) By Notification No.303-EMP/1M-10/2000 dated August 21, 2002, the Principal Secretary laid down the general procedure to be followed in respect of different exempted categories. Part of such notification, relevant for the present purpose, reads as follows: "The wife/son/daughter/near relation of an employee who died-in-harness, may apply to the appointing authority through the Head of the Office of the employee in a prescribed form as per Part I and II of Annexure 'A' along with a copy of death certificate praying for employment to support the family of the deceased employee. On receipt of such application the appointing authority shall form an enquiry committee of senior officials not less than three in number. The committee so formed shall make an enquiry about the genuineness of the prayer as well as the financial condition of the family of the deceased employee and submit a report as per Annexure 'A' to the appointing authority. The appointing authority will forward the case together with his views, recorded in Annexure 'A', to the Administrative Department concerned for consideration. If it is decided by the administrative department to be a fit case for offering employment on compassionate ground a suitable vacancy may be identified under the appointing authority concerned for providing employment subject to the condition that the candidate satisfies the qualification and other requirements prescribed for recruitment to the post. If a suitable vacancy is not available under the appointing authority concerned the administrative department may identify suitable vacancy under some other appointing authority under its administrative control for providing employment. The administrative department will forward the case with suitable directions, to the appointing authority, in whose establishment the vacancy has been identified. In the event of non-availability of berth for accommodating such a case the administrative department concerned will have to move other departments for suitable berth. When a suitable vacancy is available in some other department to accommodate the case the Administrative Department will forward the case along with relevant papers to that department for further action. The Department having vacancy in the Exempted Category of posts will provide employment to the wife/son/daughter/near relation of the employee, who died-in-harness, subject to observance of relevant conditions and formalities."
(3.) The petitioner's father died-in-harness on September 15, 2002. An application for compassionate appointment was made by the petitioner on May 3, 2005.;