Judgment

Pattanaik, J. -Leave granted.

2. The West Bengal State Electricity Board has come in appeal against the judgment of the Division Bench of the Calcutta High Court dated 30th June 1998 in M.A.T. No. 4271 of 1997 whereunder the High Court has directed the appellants to consider the case of the private re­spondent for appointment on compassionate grounds. The father of the said respondent, Samir Kumar Sarkar was an employee under the State Electricity Board and he died on 29th November 1996 at the age of 56 years 10 months and 15 days, which was within two years from the scheduled date of his retirement on superannuation. When the respond­ent applied for an employment on compassionate ground, the Board rejected his prayer on the ground that under the Rules in question dealing with compassionate appointments, no appointment can be given if the employee dies within two years from the scheduled date of retirement on superannuation. The respondent, therefore, filed a writ petition and the learned Single Judge, in view of the Rules, dismissed the same. The respondent went in appeal in the High Court. The Divi­sion Bench of the High Court came to the conclusion that provision disentit