Calcutta High Court (Appellete Side)
Amiya Sankar Sarkar vs The State Of West Bengal & Ors on 24 March, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
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IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon'ble Mr. Justice Biswanath Somadder.
W. P. No.19130 (W) of 2012
Amiya Sankar Sarkar
Vs.
The State of West Bengal & Ors.
For the petitioner : Mr. Robiul Islam
For the Council : Ms. Mousumi Bhowal
Judgement on: 24th March, 2014.
Biswanath Somadder, J. :
The subject matter of challenge in the instant writ proceeding is an order of the Chairperson, District Primary School Council, Cooch Behar, as contained in office memo dated 7th July, 2008.
Perusing the same, it appears that the petitioner's prayer for compassionate appointment under the died-in-harness category was rejected by the concerned respondent authority on the ground that the petitioner's father, at the time of his death on 15th December, 1996, had already attained superannuation and was on extended service as an Assistant Teacher of Pathantuli Primary School.
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Learned advocate for the petitioner has relied on a larger Bench decision of this Court in the case of Himadri Sekhar Biswas Vs. Director of School Education, reported in 2013 (1) CHN (CAL) 29. The said judgment, which has been relied on by the learned advocate for the petitioner, was rendered in the context of the 1991 Recruitment Rules, whereas in the facts of the instant case, the relevant Government Orders are dated 12th February, 1992 and dated 2nd January, 1995. As such, the said judgment will have no manner of application at all in the facts of the instant case.
An applicant cannot claim appointment in a particular group/class of post as a matter of right. Appointment on compassionate ground too, cannot be claimed as a matter of right. There can be no quarrel with the settled legal proposition that a claim for appointment on compassionate ground is based on the premises that the applicant was dependent on the deceased employee. Strictly, such a claim cannot be upheld on the touchstone of Article 14 or 16 of the Constitution of India. However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service. As a rule, public appointments should be made strictly on the basis of open invitation of applications and merit. The appointment on compassionate ground is not another source of recruitment, but merely an exception to the aforesaid requirement, upon taking into consideration the fact of the death of the employee while in service leaving his family without any means of livelihood. In such cases, the object is to enable the family to get over sudden financial crisis 3 and not to confer a status on the family (see Union of India & Anr. Vs. Shashank Goswami & Anr., reported in AIR 2012 SC 2294).
The aforesaid proposition of law laid down by the Supreme Court has recently been followed by this Court in at least two decisions, being WP No.20212 (W) of 2012 (Tamal Krishna Chakraborty Vs. The State of West Bengal & Ors.), reported in (2013) 3 CAL LT 588, and WP No.17245 (W) of 2013 (Samim Ahmed Vs. The State of West Bengal & Ors.).
The issue sought to be raised in the instant writ petition is squarely covered by the judgments referred above and, as such, no relief, as prayed for, can be granted to the petitioner.
The writ petition is liable to be dismissed and is accordingly dismissed.
(Biswanath Somadder, J.) PP.
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