The first rejection was on the ground that the married daughter who was not unmarried at the time of death of the Government employee cannot be brought within the ambit of the dependant family member under the aforesaid scheme. The said decision was challenged by the petitioner in OA 231 of 2021 before the Tribunal and the Tribunal after noticing the judgement of the Special Bench rendered in the aforesaid case directed the Secretary, Department of Health and Family Welfare, Government of West Bengal, to consider the case of the petitioner for appointment on compassionate ground in the light of the enquiry report for employment on compassionate ground. The said authority after the direction passed by the Tribunal further rejected the application taking a circuitous route and relying upon a judgement of the Supreme Court in case of N. C. Santosh vs. State of Karnataka & Ors. reported in (2020) 7 SCC 617 to the effect that in the said judgement the Apex Court has held that the compassionate appointment is an exception to the general Rule and, therefore, no aspirant has a right of compassionate appointment, as it can only be done on the norms laid down by the State policy or the satisfaction of the eligibility criteria as per policy. Another ground was taken that the earlier application was rejected and, therefore, in such perspective the application cannot be allowed.
