S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioners against office orders contained in Memo No. 59 dated 28th February. 2001 and Memo No. 278 dated 4/5 February, 2001, whereby and whereunder respondent Nos. 4 and 5 have been appointed afresh as Clerk on compassionate ground.
(2.) THE question arises to determine in the case is whether a person can be appointed second time on compassionate ground against a higher post or not. The case of petitioner is that the fathers of respondent Nos. 4 and 5 who were in the services of the State, having died in harness, the Respondent Nos. 4 and 5 applied for compassionate appointment. Their cases were placed before District Compassionate Appointment committee which in its meeting dated 17th November, 1993 recommended for their appointment against Class IV post though they were matriculate. On such recommendation both the respondent Nos. 4 and 5 were appointed against Class IV post vide orders dated 9th September, 1994 and 21st April, 1994, respectively and they joined the posts without any objection. After about six and half years they again represented to consider their cases for compassionate appointment against Class III posts which were acted upon by State authorities, who issued the impugned orders dated 29th February, 2001 and 4/5th February, 2001, appointing the respondent Nos. 4 and 5 on compassionate ground against higher Class III posts.
(3.) ACCORDING to the petitioner the second time appointment on compassionate ground is not permissible as per Circular No. 13293 dated 5th October, 1991.;