NISHITA MHATRE, J.

1. The challenge in this petition is to the judgement and order of the West Bengal Administrative Tribunal in O.A. No. 306 of 2011 rejecting the petitioner Section claim for appointment on compassionate grounds.

2. The petitioner’s father was employed with the respondents and posted in the Bhatpara State General Hospital. He died in harness on 26th, January 2003 leaving behind his wife, two sons including the petitioner and two daughters. The family received the dues payable to them after employee’s death. They were paid Provident Fund of 1,20,000/-, Gratuity of 54,000/- and 12,000/- on account of Insurance. Besides this the widow was being paid family pension of 3,800/ p.m. She continues to draw this amount. The elder brother of the petitioner is earning about 1,500/- p.m.

3. The petitioner applied for appointment in a Group-D post on compassionate grounds in accordance with the scheme available for employees of the State Government.

4. The petitioner’s application has been rejected on the ground that although he applied soon after his father’s death for compassionate appointment, he was not entitled to the same as the family was not living in penur