S.J. Mukhopadhaya, A.C.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.

3. 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