Calcutta High Court (Appellete Side)
Swati Bose (Ghosh) vs The State Of West Bengal & Ors on 11 May, 2012
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1
11.05.2012
ss W.P. 7499(W) of 2010
Swati Bose (Ghosh)
Vs.
The State of West Bengal & ors.
Mr. Pampa Dey (Dhabal)
... for the petitioner
Mr. ......... Chatterjee
... For the W.B.S.E.D.C.L.
The matter was heard on earlier occasion. Today
also the matter appeared for 'hearing' as a fixed matter at
10.30 a.m.
Learned Counsel for the writ petitioner submits that
the applicant is a married daughter of the deceased
employee and she has made an application for
compassionate appointment but the respondent authorities
are not considering the prayer of the writ petitioner on the alleged ground that she is a married daughter.
Learned Counsel for the writ petitioner submits that the point has already been decided before this Hon'ble Court both before the Hon'ble Single Bench and Hon'ble Division Bench.
Learned Counsel submits that in case of Smt. Usha Singh Vs. State of West Bengal & ors, reported in 2003(1) 2 C.L.J. page 407 this point was decided by the learned Single Judge of this Hon'ble Court. In paragraph 11 of this judgement this Hon'ble Court was pleased to hold that discrimination made by the rules between a married son and a married daughter only on the basis of sex in order to be eligible for appointment in the died-in-harness category in unconstitutional and offends Article 15 when it provides that an unemployed married son is eligible but an unemployed married daughter is not. The Hon'ble Single Judge followed the decision of the Hon'ble Supreme Court reported in 1996(2) S.C.C. page 380 (Savita Vs. Union of India). In the said judgement the Hon'ble Supreme Court categorically pointed out that gender-bias is to be abhorred and condemned unless there are compelling reasons not to do so. It was also held in the judgement that all forms of discrimination on ground of gender is violative of fundamental freedoms and human rights. Convention for elimination of all forms of discrimination against women was ratified by the UNO in 18.12.1979 and the Government of India had ratified as an active participant on 19th June, 1993. It was held discrimination against women violates the principles of equality of rights and respect for human dignity and it is an obstacle to the participation on equal 3 terms with men in the political, social, economic and cultural life of their country, it hampers the growth of the personality from society and family, making more difficult for the full development of potentialities of women in the service of the respective countries and of humanity.
The learned Counsel for the writ petitioner further cited a Division Bench judgement delivered in case of Smt. Chitra Mali (Mondal) Vs. The State of West Bengal & ors., reported in 2011(1) C.L.J. (Cal) page 595 wherein the Hon'ble Division Bench clearly held "we feel she need to be rescued from such situation once she has been successful in being able to establish her legal right in respect of the claim for compassionate appointment. She has been pursuing for few crumbs of bread and some yards of yarn, both for herself and for her mother to replenish the void created by the breadwinner of the family. It should be thus far and no further for her." The Hon'ble Division Bench further said that they are of opinion that the appellant as daughter of the deceased in that case is entitled for compassionate appointment in the place of his deceased father.
Mr. Bhaskar Mitra, learned Counsel on earlier occasion appeared and argued that rules do not permit to 4 give such appointment. Therefore, this Hon'ble Court should not go beyond the rule and should not also allow the married daughter's appointment on compassionate ground.
Mr. Mitra submitted that they are guided by the rule and they have acted as per the rules. Therefore, the writ petition should be rejected before this Court.
I have considered the submission made by Ms. Pampa Dey (Dhabal), learned Advocate appearing for the writ petitioner and also Mr. Mitra assisted by Mr. Chatterjee, learned Counsel appearing for the respondent, electric supply authority and also considered the judgement delivered by this Hon'ble Court relying on the judgement of the Hon'ble Supreme Court and also Hon'ble Division Bench of this Hon'ble Court.
In my view, the judgement cited by the writ petitioner is quite clear and there is no scope for any further argument in that regard. In my view, the married daughter is also entitled to have the compassionate appointment on the basis of her qualification.
Therefore, I direct the respondent authorities to consider the case of the writ petitioner being the daughter of the deceased employee and to give appointment to her within a period of ten weeks from the date of 5 communication of this order.
The writ petition is allowed. There would be no order as to costs.
(Ashoke Kumar Dasadhikari, J.)