B.K. Sharma, J.

1. This writ petition has been filed with the following prayer.

(a) Admit this petition;

(b) Issue notice upon the respondents;

(c) Call for the records; and

(d) After hearing the parties be pleased to provide a suitable job on compassionate grounds in favour of one of the petitioner.

2. The two petitioners are the wife and daughter of Late Satya Ranjan Das, who died while in service under the respondents on 7.4.2000. The Annexure 5 is the survival certificate dated 12.3.2000 certifying that Late Satya Ranjan Das left behind the following survivors.

(1) Smt. Minati Das (Datta) - Wife - 40 (petitioner No. 1)

(2) Smt. Purabi Das - Daughter - 17 (petitioner No. 2)

(3) Smt. Chandana Das - Daughter -10.

3. After the aforesaid demise of late Satya Ranjan Das, the petitioner No. 1 made application for her appointment on compassionate ground followed by time-to-time reminders. However, her prayer for appointment on compassionate ground was rejected and the same was communicated to her by Annexure 8 letter dated 6.10.2003. For a ready reference the said letter is quoted below.

No.A-42011/20/03-ADMN-IV

GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING DIRECTORATE OF ADVERTISING AND VISUAL PUBLICITY B-BLOCK, KG. MARG NEW DELHI-110001, the 6th October, 2003

Smt. Minati Das,

W/o Late S.R. Das

P.O. Arundhutinagar, Road No. 1

Agartala, West Tripura - 799003.

Subject: Request for compassionate appointment-reg.

Madam,

I am directed to refer to your application date 1.10.2002 on the subject mentioned above and to inform you that your application for compassionate appointment was placed before the duly constituted committee on Compassionate Appointment was placed before the duly constituted committee on Compassionate Appointment (CCA) of DA VP for consideration.

2. The committee examined the case and found that you are being paid basic pension of Rs. 3313 and the Dearness relief currently @ 59% on the basis pension. Further, the family has received a lump sum amount of Rs. 4,13,839 towards pensioner benefits. As such, the committee did not find it a fit case for recommendation of your appointment on compassionate ground.

3. This issue with the approval of Director, DAVP.

Yours faithfully

Sd/-

R.K. Jha

Section Officer

6.10.2003.

4. After the aforesaid letter dated 6.10.2003 the petitioner No. 1 made another representation urging for her appointment on compassionate ground, but she was intimated by Annexure 10 letter dated 9.1.2004 that, there was no merit to reopen the case.

5. The petitioner has placed reliance on the provisions for consideration of cases on compassionate ground and according to them, having regard to the educational qualification which the petitioner No. 2 has attained in the meantime at least the case of the petitioner No. 2 should be considered for appointment. The particular provision on which the petitioners have placed reliance is quoted below.

8. Procedure for appointment. - Heads of Offices will make the proposal and the Head of Department/Ministry will decide the appointment. Proposal will be made in the prescribed form containing all particulars of the candidate and the specific relaxation required in age, qualifications, etc. The Head of Department/Ministry will take into account all the circumstances of the family, the benefits such as CGEIS payments, GPF/CPF, gratuity, etc. Received, the existence of any earning member in the family on the one hand and on the other, size of family, ages of children, essential needs, liabilities and the financial condition of the family. Financial benefits received need not necessarily be a ground for rejecting the proposal vis-a-vis other adverse factors urging acceptance.

6. The respondents have filed their counter affidavit resisting the prayer made in the writ petition. It has been stated in the affidavit that, the case of the petitioner No. 1 was duly considered by a committee headed by an officer of the rank of Deputy Secretary who did not find her case to be a fit case fo