Saugata Bhattacharyya, J. - (1.) The writ application is presented against the order dated February 9, 2018 passed by the West Bengal Administrative Tribunal (hereinafter the tribunal). In the original application, being O.A. - 906 of 2017, claim of the writ petitioner namely Azim Gazi (hereinafter the petitioner) for appointment on compassionate ground due to death of his father Md. Nuruddin Gazi, on July 4, 2006, while he was working as khalasi in Road and Building Research Institute under Public Works (Roads) Directorate, Government of West Bengal, was made and the same was rejected by the impugned order.
(2.) It appears from the application made by the petitioner in the prescribed proforma on January 2, 2007, page 135 of the writ petition, that the deceased employee left behind him his widow, namely, Sanehar Bibi, and three sons, namely, Abdul Halim Gazi, Aziz Gazi and Azim Gazi. It also appears from the said application that the elder brothers of the petitioner had crossed the age of 18 years on the date of making such application for compassionate appointment, whereas age of the petitioner was 17 years 2 months on January 2, 2007. The petitioner and his two other elder brothers on the date of making application on January 2, 2007 had the qualification of Class VIII pass.
(3.) At the first instance, the application of the petitioner for appointment on compassionate ground was considered by the Joint Secretary, Public Works Department. Vide memo dated February 9, 2015 addressed to the Chief Research Officer & Director, R & BRI, Public Works (Roads) Directorate, the Joint Secretary declined to consider the prayer of the petitioner for appointment on compassionate ground as per existing rules. The petitioner on being aggrieved by the said cryptic order dated February 9, 2015 issued by the Joint Secretary, assailed the same by filing an original application, being O.A372/15 before the tribunal, and the same was disposed of vide order dated December 16,2015. The tribunal set aside the impugned order dated February 9, 2015 on the ground that it was a non-speaking one and directed the Joint Secretary to consider the application of the petitioner for compassionate appointment within a specific time by passing a reasoned order after granting opportunity of hearing to the petitioner. Pursuant to the said order of the tribunal dated December 16, 2015 the Joint Secretary to the Government of West Bengal, Public Works Department, passed an order on March 14, 2016 considering the prayer of the petitioner for appointment on compassionate ground. Placing reliance upon the Labour department's order No. 30-Emp dated August 21, 2002, 30-Emp dated April 2, 2008 read with 251-Emp dated December 3, 2013, he rejected the prayer of the petitioner for appointment under died-in-harness category. The concerned authority found the petitioner ineligible to be appointed on compassionate ground since he was found under aged on the death of his father on July 4, 2006. In addition thereto the authority also came to a finding that in spite of two elder brothers of the petitioner being eligible to apply on the date of death of their father, considering their age and academic qualification, they chose not to make any application for compassionate appointment, yet, the petitioner being an underaged candidate has made the application for compassionate appointment in search of employment.;