(1) THIS application, in spite of notice, is unopposed either by filing affidavit-in-opposition, though direction was given at one point of time and also by appearance, though repeated notices were served and such last notice was served on 10th January, 2008 pursuant to our earlier direction dated 10th January, 2008. Affidavit of service is kept on record. Hence, we have no option but to proceed with the hearing in absence of the State.

(2) THIS application has impugned the order of the learned Tribunal dated 21st September, 2004 whereby and where under the application filed before the learned Tribunal for obtaining relief for compassionate appointment, was rejected. Short fact, for which the application before the learned Tribunal was filed is as follows:

(3) THE applicant is the son of one Late Birendra Nath Barman. He has sufficient educational qualification and he belongs to the scheduled caste community. His father died in harness on 16th December, 1999. Consequent upon his death, under the relevant rules the applicant applied on 21st December, 2000 for compassionate appointment. His application was duly processed and examined by the department. By an order dated 26th