Shibani Samui (Pal) vs State Of West Bengal & Ors
2023 Latest Caselaw 1241 Cal

                                        W.P.A. 6505 of 2015
10    17.02.2023
rkd   Ct.15
                                     Shibani Samui (Pal)
                                            -vs-
                                 State of West Bengal & Ors.

                   Mr. Samiran Mandal,
                   Mr. S. C. Dhara,
                   Mr. Abhinaba Dan,
                   Mr. Nitish Samanta
                                                          ....for the petitioner.
                   Mr. Avishek Prasad
                                                               ....for the State.

                            Question arises for consideration in this

                   writ petition is whether a married daughter on the

                   death of her mother is entitled to get appointment

                   on compassionate ground or on mere consideration

                   of fact that the applicant seeking appointment on

                   compassionate ground was married at the time of

                   death of her mother is not entitled to be considered

                   for such appointment.

                            Petitioner is the only daughter of one

                   Sushama Samui who died in harness on 10th

                   November, 2007 while working as Class-IV staff of

                   a Government recognized high school in the district

                   of Bankura. After death of petitioner's mother on

                   10th    November,       2007   petitioner   applied     for

                   appointment on compassionate ground and it was

                   specifically submitted before the District Inspector

                   of Schools (S.E.), Bankura being respondent no.3

that petitioner is the only daughter of the deceased

Class-IV staff and after the death of father of the

petitioner she was looking after her mother.

The application of the petitioner was

processed by the office of the District Inspector of

Schools but no decision was taken whether to grant

compassionate appointment in favour of the

petitioner which prompted the petitioner to file writ

petition being WPA 1223 of 2012 claiming the

benefit of compassionate appointment. The said

writ petition was disposed of vide order dated 14th

February, 2013 by a coordinate Bench thereby

directing the respondent no.3 to take decision on

the entitlement of the petitioner to be appointed on

compassionate ground within a specified time.

In terms of the said direction of the

coordinate Bench as contained in order dated 14th

February, 2013 the respondent no.3 took decision

by issuing memo dated 7th February, 2014 whereby

the claim of the petitioner for appointment on

compassionate ground was rejected on the sole

ground that at the time of death of the mother of

the petitioner, she was married.

Such decision of the respondent no.3 dated

7th February, 2014 is subject matter of challenge in

the present writ petition.

This Court has heard the learned advocates

representing the petitioner and the State

respondents.

Mr. Prasad, learned advocate has defended

the decision of the respondent no.3 dated 7th

February, 2014 and submitted that since the

petitioner at the time of death of her mother was

married there was no scope left open to the

respondent no.3 to take decision otherwise than to

reject the prayer of the petitioner for grant of

appointment on compassionate ground.

After considering the contentions made on

behalf of the respective parties and on perusal of

the decision of the respondent no.3 it appears that

there is substance in the argument made on behalf

of the petitioner that the respondent no.3 upon

finding the petitioner was a married daughter on

the date of death of her mother on 10th November,

2007 rejected the prayer of the petitioner to grant

appointment on compassionate ground.

Mr. Mandal, learned advocate representing

the petitioner has relied upon the judgment of the

Special Bench dated 13th September, 2017 passed

in FMA 1277 of 2015 (The State of West Bengal

& Ors.-vs- Purnima Das & Ors.).

On perusal of the judgment of the Special

Bench, it appears that the issue has been set at

rest by the Special Bench. It has been succinctly

decided by the Special Bench that on the death of

the deceased employee while in service his/her

married daughter must succeed in her claim being

entirely dependant on the earnings of her

father/mother and agree to look after the other

family members of the deceased provided need for

compassionate appointment is established in terms

of the laid down formula.

In view of the judgment of the Special

Bench dated 13th September, 2017 the decision of

the respondent no.3 as contained in memo dated

7th February, 2014 stands set aside.

The respondent no.3 is directed to take

decision afresh in accordance with law and

appropriate Government notification governing the

claim for appointment on compassionate ground in

case of death of non-teaching staff working in

Government aided recognized school after granting

opportunity of hearing to the petitioner or her

representative within a period of twelve weeks from

the date of communication of this order.

While taking decision the respondent no.3

shall take into consideration the judgment

delivered by the Special Bench dated 13th

September, 2017 in Purnima Das (supra).

The decision to be taken by the respondent

no.3 shall be communicated to the petitioner within

two weeks thereafter.

With the aforesaid direction, the writ

petition stands disposed of.

However, there shall be no order as to

costs.

Urgent photostat certified copy of this

order, if applied for, be given to the learned

Advocates for the parties on the usual

undertakings.

(Saugata Bhattacharyya, J.)