Calcutta High Court (Appellete Side)
Mithu Mondal vs State Of West Bengal & Ors on 22 February, 2011
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
22. 02.2011.
ap W.P. 24771 (W) of 2010.
Mithu Mondal
Vs.
State of West Bengal & Ors.
Mr. N. C. Bhattacharya
Mr. Shibaji Ghosh
... For the petitioner.
Sk. Kamaluddin
... For the Council.
Mr. Subhayu Banerjee
... For the State.
Affidavit of service filed in Court today be kept on record.
After considering the submissions made by the learned advocates for the parties and upon perusing the instant writ petition, it appears that the writ petitioner is essentially seeking appointment under compassionate ground in the 'died-in-harness' category upon the death of her mother on 23rd April, 2003, who was a primary teacher under the District Primary School Council, Hooghly.
The proposal for appointment of the writ petitioner under compassionate ground which was forwarded by the Chairman, District Primary School Council, Hooghly to the office of the Director of School Education, West Bengal, was duly considered.
It appears that the Director of School Education, West Bengal, vide memo dated 14th September, 2010, has rejected such proposal for appointment of the writ petitioner, since the total family income was far more than the initial gross salary of a Group - "D" employee at the relevant point of time. This decision of the Director of School Education, West Bengal, was communicated to the writ petitioner by the Chairman, District Primary 2 School Council, Hooghly, vide memo dated 24th September, 2010, which has been impugned in the present proceeding.
Learned advocate appearing on behalf of the writ petitioner submits that the writ petitioner is a member of a joint family comprising of nineteen members. She has five uncles who live with her and her father jointly. The five uncles along with their respective families are solely dependent on the poor income derived from cultivation of land. The pensionary benefit of the writ petitioner's father and mother are quite insufficient to run such a big family and the members of the family are completely on the verge of starvation. He submits that it is, therefore, essential that such an appointment under compassionate ground is urgently required for the survival of the family. In this context, learned advocate for the writ petitioner has relied on a Division Bench judgment of this Court rendered in; In re: Sujoy Kumar Pandit reported in 2010 (4) CHN (CAL) 310.
The relevant recruitment Rule governing the appointment on compassionate ground is Rule 14 of the West Bengal Primary School Teachers' Recruitment Rules, 2001.
A bare perusal of the Rule goes to show that in order to qualify for being considered for appointment on compassionate ground, a family has to be in an extreme financial hardship of such a nature that it fails to provide two square meals and other essentials to surviving of the members of the deceased employee's family. Rule 14 categorically defines those who can be described as a member of the family. One amongst such members of the family can seek appointment on compassionate ground, provided, he/she conforms to the statutory requirements as stipulated in the said Rule.
The said Rule, however, does not contemplate of a fact situation which is sought to be highlighted in the present case.
3In the instant case, it is seen that the writ petitioner has stated categorically that she is a member of a family consisting of nineteen members, having five uncles, who along with their respective family members live with her and her father jointly and are dependent on the family income derived from cultivation of land.
The Division Bench judgment relied on by the learned advocate for the writ petitioner was rendered in a case where the claim of the writ petitioner for appointment on compassionate ground was rejected on account of payment of terminal benefits to the family of the deceased employee and also on the ground of long lapse of almost fourteen years after the death of the concerned employee. From the facts of the instant case it, however, does not appear from the impugned memo dated 24th September, 2010, that the rejection of proposal for appointment of the writ petitioner on compassionate ground by the Director of School Education, West Bengal, has anything to do with the payment received on account of terminal benefits. On the contrary, it has been categorically stated by the Director of School Education, West Bengal, that the total family income of the writ petitioner was far more than the initial gross salary of a Group - "D" employee and in such circumstances, the proposal could not be approved. As such, the Division Bench judgment relied on by the learned advocate for the writ petitioner has no manner of application at all in the facts of the instant case.
For reasons stated above, the instant writ petition is liable to be dismissed and is hereby dismissed.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.) 4 5 6