S.J.MUKHOPADHAYA, J. - (1.) HEARD the parties.
(2.) IN both the cases, as common question of law involved, they were heard together and are being disposed of at the stage of admission with the consent of the parties. Late Dukhan Prajapati, father of petitioner, Bisheshwar Prajapati was Range Chowkidar at Station Headquarters, Ramgarh Cantt under the Union of India. The employee died in harness on 3rd February, 1997 wherein after the petitioner, Bisheshwar Prajapati applied for appointment on compassionate ground on 2nd April, 1998. His application for appointment has been rejected on the following grounds : "After due circumspection and consideration of the circumstances of the case in the light of the guidelines of DOP and Ts and various judgments of the Hon ble Supreme Court after a balanced and objective assessment of the totality of the circumstances of the case the competent authority has not approved the appointment of Shri Visheshwar Prajapati, s/o late Shri Dukhan Prajapati, on compassionate grounds after taking note of the following facts of this case : (a) The death of the government servant occurred on 27th October, 1998. Thus the need for immediate assistance by way of compassionate employment to tide over the emergency and crisis is lacking in this case. (b) The deceased 'sfamily received Rs. 68829/ - as terminal benefits. At present they are in receipt of Rs. 1485/ -+ D.A. per month as family pension. (c) The deceased has left no liability. The daughter of the deceased is already married."
(3.) LATE Jaso Nayak, father of petitioner, Mahendra Nayak was ex -Consy Safaiwala of Station Headquarters, Ramgarh Cantt. The employee died on 20th November, 1996 wherein after the petitioner, Mahendra Nayak applied for compassionate appointment. His case has also been rejected for similar ground vide letter dated 27th August, 2001, as quoted hereunder ; 'The case of Shri Mahendra Nayak has been re -examined. The competent authority considered following facts of the ease : (a) The death of the government servant occurred on 20.11.1996. The need for immediate assistance by way of compassionate employment to tide over the emergency and crisis is lacking in this case. (b) The deceased 'sfamily received Rs. 68735/ - as terminal benefits. At present they are in receipt of Rs. 1425/ -as family pension per month. (c) The deceased has left no the liability of minor children. The daughters of the deceased are already married. After due circumspection and consideration of the circumstances of the case in the light of the guidelines of DOP and Ts and various judgments of the Hon ble Supreme Court after a balanced and objective assessment of the totality of the circumstances of the case the competent authority has not approved the appointment of Shri Mahendra Nayak s/o late Shri Jasso Nayak, ex -Consy Safaiwala of Station HQ Ramgarh on compassionate grounds." ;