Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) Assailing the order dated 8th May, 2009 passed in O.A. No. 191 of 2003 by the West Bengal Administrative Tribunal, this writ application has been filed.
(3.) Before the learned Tribunal below the challenge was the letter No. 38/5M dated, Suri, the 6th January, 2003 being a communication of Divisional Forest Officer, Birbhum (Suri) to this effect that the Government of West Bengal regretted to accede to the proposal for appointment under compassionate ground as was referred to the Government by the Department. This letter impugned before the Tribunal reads such: - "Government of West Bengal . Directorate of Forests Office of the Divisional Forest Officer Birbhum Division (Suri). No. 38/5 M dated, Suri, the 06.01.03 To Sri Madhusudan Mondal, S/o. Sri T.M. Mondal, Ex-Orderly Vill. & P.O. Md. Bazar Dist. Birbhum. Sub: O.A. No. 1152 of 2001. In compliance to the direction given by Hon'ble West Bengal Administrative Tribunal in connection with above subject the undersigned has to inform you that the matter was referred to the competent authority as the undersigned has no authority to take decision regarding appointment on compassionate ground as per rule. The undersigned has been directed to inform you that your matter was sent as proposal for appointment on compassionate ground to Forest Department, Govt. of West Bengal. But on due consideration the Govt. regretted its inability to accede to the proposal. Hence the undersigned expresses his inability regarding your appointment on compassionate ground not getting the approval of the competent authority in this regard.........";