S.J.MUKHOPADHAYA, J. - (1.) THE writ petition was preferred by one Umerah Khatoon, widow of late Md. Zaffir Khan for compassionate appointment of his son, Arif Khan, one of the sons of the deceased. During the pendency of the writ petition, she died and a petition for substitution has been filed by the son. Arif Khan vide I.A. No. 1900 of 2004.
(2.) HAVING heard the counsel for the parties, the petition for substitution is allowed. Let Sri Arif Khan, son of late Md. Zaffir Khan be substituted as the petitioner in this writ petition. According to petitioner Arif Khan, his father late Md. Zaffir Khan was in the services of the respondent. Garden Reach Ship Builders and Engineers Ltd., Kolkata and died in -harness on 27th September, 1999 while functioning as charge man. His grievance is that in spite, of application filed by his mother and then him within time, he has not been appointed on compassionate ground. The respondents have rejected the case of writ petitioner, Smt. Umerah Khatoon vide letter dated 16th October, 1999, which reads as follows : 'Sub: Employment in GRSE/DEP on compassionate ground Dear Madam, This refers to your application dated 13th October, 1999, on the above subject. In this connection, we would like to submit that GRSE/DEP, Ranchi Unit, is at present having redundant workforce due to shortage of work. In Order to minimize the redundant workforce, we have already introduced voluntary retirement scheme and already 81 employees of DEP/Ranchi have been released under the Voluntary Retirement Scheme. As such, we are not in a position to consider the case of your son Master Arif Khan for employment in GRSE/DEP, Ranchi in the wake of the reasons as stated above. Thanking you. Yours faithfully For G.R.S.E. Ltd. Sd/ - Manager (Works) D.E.P.'
(3.) APART from the aforesaid ground, the following stand has been taken by the respondents in their counter affidavit. 'That besides this since 1995 in case of the heirs and legal representatives of the deceased employed who died in -harness had applied for compassionate appointment and approximately 14 cases prior to case of this petitioners are awaiting consideration : Number of cases of deceased employee whose dependants have applied for employment under compassionate ground but till date could not be given for reasons stated above. SI. No. Name of the deceased date ofemployee Expiry1. Late Anthony Ekka 08.09.19952. Late Mutu Munda 05.12.19953. Late Tilak Bahadur Thapa 23.10.19954. Late Sameshwar Pahan 08.02.19965. Late Kushal Tigga 15.03.19966. Late Abdul Majid 27.4.19967. Late Genalal Prasad 19.11.19968. Late G.N. Mishra 21.1.19979. Late Birsa Oraon 30.10.199710. Late Byaha Oraon 08.04.199811. Late M.Z. Hashimi 19.08.199812. Late S.N. Khan 26.10.199813. Late N.C. Poddar 05.06.199914. Late Michel Tirkey 08.07.199915. Late Zaffir Khan 27.9.199916. Late Basudev Behura 24.7.200017. Late Radheshyam Munda 25.7.200018. Late Munna Oraon 17.1.200119. Bhola Nath Singh 11.11.200120. Late Maghe Kachhap 02.06.2002That there is no provision for compassionate appointment of a legal heirs of deceased employee of this unit in head office at Kolkata or in any other unit of M/s. Garden Reach and Ship Builders and Engineers Ltd.' ;