PRANAB KUMAR CHATTOPADHYAY, J. ( 1 ) THE only point for consideration in this appeal is whether the appointment of the writ petitioner on compassionate ground as Lower Division Clerk in Rishi Bankim Chandra College should have been approved by the concerned State-respondents. ( 2 ) THE writ petitioner submitted an application for appointment in a suitable post in Rishi Bankim Chandra College on compassionate ground as her husband, Late Amit Kumar Lahiri, Lecturer in Physics of the said rishi Bankim Chandra College died in harness. ( 3 ) CONSIDERING the said application, Governing Body of the said Rishi bankim Chandra College passed a resolution for appointment of the said writ petitioner as Lower Division Clerk in the vacancy caused due to premature death of one Smt. Latika Devi, a Lower Division Clerk of the said college. Although the Governing Body of the college being the competent aruthority as employer duly appointed the writ petitioner in the post of Lower Division Clerk on the basis of a proper resolution but the concerned State-respondents did not accord necessary approval to the said appointment of the writ petitioner. ( 4 ) THE learned Single Judge, however, did not approve the stand taken by the State-respondents in this matter and directed the concerned state-respondents to approve the appointment of the writ petitioner as lower Division Clerk with effect from the date of her joining in the said college. ( 5 ) MR. Sobhanlal Hazra, learned Senior Counsel representing the appellant submits that the appellants herein cannot approve the appointment of the writ petitioner as the Governing Body of the said college appointed the writ petitioner in violation of the specific Government Order being Memorandum No. 1130-EB dated 2nd July, 1992. Referring to Clause 2 (d) of the said office Memorandum dated 2nd July, 1992, Mr. Hazra submits that the writ petitioner could not be appointed to the post of Lower division Clerk of the college. The said post of Lower Division Clerk fell vacant on account of the sudden death of Smt. Latika Devi, who expired on 21st January, 1991. Mr. Hazra submits that the writ petitioner could not be appointed to the post of Lower division Clerk of the college. The said post of Lower Division Clerk fell vacant on account of the sudden death of Smt. Latika Devi, who expired on 21st January, 1991. Mr. Hazra further submits that the college authority was granted permission to fill up the said post of Lower Division Clerk by office Order dated 15th May, 1991 and after a lapse of more than six months, the said vacant post could not be filled up by the cpllege authorities in view of the specific embargo imposed by the Office Memorandum dated 2nd July, 1992 issued by the Finance Department, Government of West bengal. ( 6 ) MR. Amaresh Bhattacharyya, learned Advocate of the writ petitioner, submits that the financial embargo cannot operate as a bar to approve and/or regularise any appointment covered under the statute. The learned Advocate of the writ petitioner further submits that the said post of Lower Division Clerk, which fell vacant due to the sudden death of one Smt. Latika Devi on 21 st January, 1991, did not cease to exist at the relevant point of time even if the said post was lying vacant for more than six months. ( 7 ) IT is, however, not denied that the said post of Lower Division clerk, which fell vacant on account of the death of said Smt. Latika Devi, is a duly sanctioned permanent post and therefore, such sanctioned permanent post of Lower Division Clerk cannot cease to exist if the same is kept vacant for more than six months. The writ petitioner was appointed as whole time clerk on compassionate ground on substantive basis w. e. f. 11. 08. 1992 in the vacancy of Smt. Latika Devi, who expired on 21st january, 1991. It is true that the Finanqe Department, Government of West bengal by the Office Memorandum dated 2nd July, 1992 put certain restrictions in the matter of filling up the posts which were lying vacant for more than six months. 08. 1992 in the vacancy of Smt. Latika Devi, who expired on 21st january, 1991. It is true that the Finanqe Department, Government of West bengal by the Office Memorandum dated 2nd July, 1992 put certain restrictions in the matter of filling up the posts which were lying vacant for more than six months. ( 8 ) THE learned Advocate of the writ petitioner submits that the restrictions imposed in the matter of filling up the vacant posts in terms of the office Memorandum dated 2nd July, 1992 cannot have any application in the facts of the present case as the writ petitioner herein was appointed on compassionate ground due to the sudden death of her husband who was a Lecturer of the said Rishi Bankim Chandra College. The learned advocate of the writ petitioner also submits that the statutes relating to the terms of employment and conditions of service of non-teaching employees of colleges affiliated to the University of Calcutta other than the Government colleges have specifically recognised the rights of a wife, son, daughter or dependant of an employee, dying in harness, to claim appointment on compassionate ground and under the Statutes such claim shall have the precedence over others in the matter of appointment or placement. The purpose of providing appointment on compassionate ground has been recognised in the statutes of the University only to lessen the hardship caused to the family of the concerned employee on account of his sudden unfortunate and unexpected death while in service. Therefore, such appointment should be given immediately in order to help the family of the deceased employee. In the present case, the Governing body of the concerned college appointed the writ petitioner in the existing vacant post of Lower Division Clerk on compassionate ground immediately after submission of the application in order to save the family of the deceased teacher from acute financial crisis. In the present case, the Governing body of the concerned college appointed the writ petitioner in the existing vacant post of Lower Division Clerk on compassionate ground immediately after submission of the application in order to save the family of the deceased teacher from acute financial crisis. ( 9 ) ALTHOUGH the concerned State-respondents refused to regularise the appointment of the writ petitioner on the ground that the respondent college authority appointed the writ petitioner in violation of the Government order dated 2nd July, 1992 but considering, the provisions of the Statutes of the Calcutta University relating to the terms of employment and conditions of service of non-teaching employees of Colleges affiliated to the University of Calcutta other than Government colleges and on careful examination of the aforesaid Government Order dated 2nd July, 1992, we are of the opinion that the learned Single Judge has rightly held that the said Government Order dated 2nd July, 1992 does not have any application in the matter of appointment of the writ petitioner on compassionate ground and also on the question of approval of the said appointment of the writ petitioner. Clause 2 (d) of the said Government Order dated 2nd July, 1992 is set out hereunder: - "2 (d ). Existing posts lying vacant for more than six months should not be filled up except in the following cases: - (i) Vacancies which may be filled up by promotion/transfer/ deputation. (ii) Vacancies which are filled up by the recommendation of the Public Service Commission. " ( 10 ) STATUTE 6 (a) of Chapter-XIII of the Calcutta University First statutes, 1979 is also set out hereinbelow: - "promotion 6 (a ). Whenever a permanent vacancy occurs in any of the posts referred to in sub-clause (i) of Clause (a) of Statute 3, such vacancy shall in the first instance be filled up by promotion from amongst the employees holding any of the posts referred to in sab-clause (ii) of Clause (a) of Statute 3. In the matter of such promotion, efficiency, seniority including academic qualifications, character rolls and attendance shall have to be taken into consideration. In the matter of such promotion, efficiency, seniority including academic qualifications, character rolls and attendance shall have to be taken into consideration. In case no suitable candidate for such promotion is available, such permanent vacancy shall be filled up by direct recruitment in accordance with the procedure laid down for the purpose: provided that the provision relating to recruitment of non-teaching employees of affiliated colleges as laid down in the foregoing Statutes shall not apply in cases where, on compassionate ground, a wife, son, daughter, or dependant of any employee-both teaching and non-teaching - dying in harness is to be offered a job consistent with his/her qualifications. He/she shall have precedence over others in the matter of appointment or placement, as the case may be: provided further that the provision mentioned above shall also be applied in case of a college employee who is disabled permanently or otherwise incapacitated rendering him unfit to continue in service, provided this fact of disablement is certified by a medical officer authorised by the Director of Health Services. " ( 11 ) IN the present case, it is not in dispute that before appointment of the writ petitioner, the post in question was lying vacant for more than six months but even under the said Government Order, the aforesaid vacancy could be filled up by promotion/transfer/deputation. In terms of statute 6 (a) of Chapter-XIII of the Calcutta University First Statutes, 1979, whenever a permanent vacancy is to be filled up by promotion from amongst the employees, the wife, son, daughter or dependant of an employee, dying in harness, shall have precedence over others in the matter of such appointment or placement on promotion. So, in terms of the aforesaid specific provisions of Statute 6 (a) of the Calcutta University first Statutes, 1979, the claim of the writ petitioner being the wife of a teacher, dying in harness, shall have precedence over others in the matter of appointment or placement by promotion. Therefore, in terms of Clause 2 (d) of the Government Order dated 2nd July, 1992, when the vacancy to the post of Lower Division Clerk in the concerned college could be filled up by promotion then under the Statute 6 (a) of the Calcutta University first Statutes, 1979, appointment on compassionate ground even in case of promotion shall have the precedence over others. Furthermore, the competent authority of the State of West Bengal never issued any specific circular suspending appointment under died-in-harness category in view of the imposition of the financial embargo pursuant to the Government order dated 2nd July, 1992. ( 12 ) IN any event, circular issued by the Finance Department, government of West Bengal, cannot override the specific statutory provision regarding appointment on compassionate ground. The respondent college authority considering the extreme financial hardship of the distressed family of the deceased college teacher appointed the writ petitioner to the post of Lower Division Clerk and the Governing Body of the college being the employer is duly competent to appoint the writ petitioner to the said post of Lower Division Clerk. The concerned State-respondents without any valid reason refused to regularise the said appointment of the writ petitioner. The learned Single Judge has rightly observed that the rights conferred by a Statute cannot be curved or restricted or taken away by issuing any circular. ( 13 ) IN the instant case, however, the impugned circular dated 2nd july, 1992 has no manner of application in the matter of appointment and/or approval of the appointment of the said writ petitioner for the reasons discussed hereinbefore. ( 14 ) IN the aforesaid circumstances, we are of the opinion that there is no ground to interfere with the judgment under appeal and we approve the directions of the learned Single Judge as mentioned in the said judgment under appeal. ( 15 ) THE concerned State-respondents are, therefore, directed to approve the appointment of the writ petitioner as Lower Division Clerk in rishi Bankim Chandra College, Naihati with effect from the date of her joining the said college as Lower Division Clerk within a period of three weeks from the date of communication of this order ami also to any all other service benefits including the arrear salaries as directed by the learned Single Judge within the time mentioned in the said order under appeal. ( 16 ) WE, therefore, affirm the judgment of the learned Single Judge and dismiss this appeal being devoid of any merit. ( 17 ) IN the facts and circumstances of this case, there will be, however, no order as to costs. .