O R D E R

Per Mr. Suchitto Kumar Das, Administrative Member:

1. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act, 1985 and as no complicated question of law is involved, this matter is taken up for disposal.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“a. An order be passed by setting aside and/or quashing the order dated 08.06.2023 issued by the respondent no-3.

b. Direction be issued to the respondent to comply the direction passed in the order dated 16.09.2022 in O.A. No.- 350/1395/2016 in its true spirit and meaning.

c. Direction be issued to the respondent authorities to cancel/rescind the decision taken by the Compassionate Appointment Committee on 16.03.2023.

d. An order and/or direction be issued to the concerned respondent authorities to provide appointment to the applicant on compassionate ground.

e. And pass such other order or orders and/or direction/directions as your Lordships may deem fit and proper.”

3. Facts as narrated by the applicant are as follows:

3.1. The applicant’s father Shri Bhabani Prasad Hazra died on 03.06.2007 while he was working as Tradesman-E at VECC, Kolkata. Following the sudden death of the applicant’s father, the applicant’s mother Anjali Hazra wrote a letter on 14.06.2007 to the concerned respondent authority to provide appointment to any of her sons on compassionate ground. In reply to the said letter, the concerned authority asked the applicant’s mother to submit the application in the prescribed form. On 22.08.2007, the applicant’s mother submitted the application for compassionate appointment in favour of the applicant. As the authority concerned, after receipt of the application failed to give any reply, the applicant’s mother on 03.10.2008 wrote a letter to the concerned authority requesting to give appointment on compassionate ground in favour of the applicant. On 24.10.2008, the Administrative Officer-III intimated that after considering all relevant facts and data, they came to a conclusion that request for compassionate appointment made by the applicant’s mother cannot be acceded to. Thereafter, applicant’s mother again requested the authority concerned to provide compassionate appointment in favour of the applicant. However, the concerned authority repeatedly turned down the said request.

3.2. Being aggrieved by the decision of the respondents, the applicant filed O.A No. 1572/2015 and after hearing the same, the Tribunal on 18.11.2015 directed the respondent to pass a reasoned order within one month. A reasoned order was passed by the Administrative Officer-III wherein it was stated that the request of the applicant for appointment on compassionate ground cannot be acceded to. Being aggrieved by the said order dated 29/30.08.2016, the applicant preferred an O.A No. 350/1395/2016 before the Tribunal. On 16.09.2022, the Tribunal directed the respondent authorities to re-examine the case of the applicant in the light of the order passed by the Hon’ble Supreme Court and pass a speaking and reasoned order within 03 months.

3.3. The respondent authority on 12.04.2023 asked the applicant to submit all the details along with form supplied by them. The applicant on 18.04.2023 has submitted all the necessary information along with form before the respondent authorities. The respondent authorities on 08.06.2023 passed an order stating that the case of the applicant has no merit and that there are no deserving circumstances to offer appointment on compassionate grounds and therefore the case is disposed of in terms of order dated 16.09.2022 in O.A No. 350/1395/2016. Hence this O.A challenging the speaking order dated 08.06.2023.

4. Ld. Counsel for the applicant’s submissions are summarised below:

4.1. The claim of compassionate appointment cannot be rejected on the ground that the deceased emplo