- (1.) Heard learned counsel for the parties. The petitioner has sought direction upon the respondents specially respondent No. 3, the Director, Eastern Circle Office, Survey of India, Kolkata to immediately and forthwith issue appointment letter to the petitioner on compassionate ground under the scheme of compassionate appointment as he claims to be only dependent son of late Karam Ram, who was the permanent employee under the respondent No. 3 and died-in-harness on 13.6.2000.
(2.) According to the petitioner, his father was a permanent employee in the office of Survey of India on the post of Daftari, who unfortunately expired on 13.6.2000 leaving behind the widow, two daughters and the petitioner, who is unemployed. The widow, mother of the petitioner, made an application for appointment of the petitioner on compassionate ground, which is Annexure-3. When the application for appointment on compassionate ground was not being entertained against the post of Lower Division Clerk, the petitioner made another application for appointment on compassionate ground in Group-D post alongwith the affidavit of the mother of the petitioner for employment. However, his application was rejected vide Annexure-9 dated 11.10.2001 issued by the Deputy Director, Eastern Circle, Survey of India on the ground that his case was considered sympathetically, but it is not covered by the provision of the scheme for employment on compassionate ground and therefore, not found it fit for recommendation. The petitioner has, thereafter, approached this Court being aggrieved. However, it is not in dispute that order of rejection dated 11.10.2001 is not under challenge in the present writ petition.
(3.) The respondents have appeared and filed their counter affidavit where they have taken the pleas of non-maintainability of the writ petition on the ground that petitioner's father died on 13.6.2000 while posted in the Eastern Circle, Office at Kolkata. However, it is not in dispute that the order of rejection dated 11.10.2001 was served upon the petitioner at the address of Chatra within the State of Jharkhand. The respondents have contested the claim of the petitioner on merits on the ground that his father died 17 days before actual date of retirement i.e. on 30.6.2000 as his date of birth was 1.7.1940. It is further submitted that earlier his application for the post of Lower Division Clerk could not be considered as there was no vacancy in that post under 5% DR Quota. The petitioner again applied for the post of Contingent Khalasi (Group-D establishment). The application of the petitioner was considered by the committee constituted in the light of the guidelines issued by the DOPT's O.M. No. 14014/6/94 Estt. (D) dated 9.10.98 and O.M. No. 14014/18/2000 Estt. (D) dated 22.6.2001. It is submitted that under the Government policy, various factors are taken into account while granting benefit of compassionate appointment to the dependent of the deceased employee, who died-in- harness. These factors are such as family size including the age of children, amount of family pension and terminal benefits, liability in terms of unmarried daughters, minor children, etc. movable or immovable properties left by the deceased at the time of death to find out the cases of acute financial distress/most deserving cases under 5% quota of DR vacancies from amongst pending cases of compassionate appointment. In the statement made in paragraph-15 to the counter affidavit against these factors, it has been stated that committee took into account that the said age of the Government servant at the time of death was 59 years 11 months 13 days. Amongst his dependent his wife was aged about 53 years, the petitioner was aged about 32 years and one daughter was 21 years old and the other daughter was of 17 years, who was unmarried daughter. The total terminal benefit is Rs. 1,97,150/- and (Family Pension @ 1755/- p.m. + Dearness Allowance @ Rs. 755/- p.m. Totaling Rs. 2510/-). It is submitted that the petitioner himself was aged about 32 years at the time of death of his father, who died 17 days before his retirement and after taking into account all the factors by the committee for granting compassionate appointment, the claim of the petitioner has been rejected by order dated 11.10.2001. It is further submitted that the order itself is not under challenge and the writ petition has also been filed after four years of said rejection. Today, the petitioner himself is aged about 44 years as per his date of birth shown in Annexure-A series to the counter affidavit as 15.1.1969.;