Calcutta High Court (Appellete Side)
Sudipta Sen vs The State Of West Bengal & Ors on 28 February, 2011
Author: Harish Tandon
Bench: Harish Tandon
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Sl/ 28.02.11 W.P. 10410 (W) of 2007
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ac
Sudipta Sen
-vs-
The State of West Bengal & Ors
Mr., Krishanu Banik ... For Petitioner
Mr. Kumaresh Dalal ... For State
The writ petitioner has impugned the memo
dated 20th March 2007 by which prayer of the writ
petitioner, for appointment on compassionate ground,
was rejected.
Father of the writ petitioner was a primary
teacher, who died on 13th November 2003, while in
service. At the time of death, the family, which was left
behind, includes the widow and his two sons. The
application was rejected on two grounds, namely, that the
widow of the deceased teacher is in service and is working
as a primary teacher and the other ground which has
been assigned is that the family has received terminal
benefits.
Mr. Banik, learned Advocate appearing on
behalf of the writ petitioner, submits that the grounds,
assigned for rejection of his application for appointment
on compassionate ground, are not tenable. He further
submits that terminal benefit, which has been received by
the family, cannot be a ground for rejection of his prayer
for appointment on compassionate ground. He
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strenuously argued that the mother of the writ petitioner,
though was working as primary teacher, has since retired
and the said application could not have been dismissed
on such ground.
W.P. 10410 (W) of 2007
Mr. Dalal, learned Advocate appearing on
behalf of the State respondent, submits that the
application deserves a dismissal, as Rule 14 of the Recruitment Rules, 2001 postulates that appointment on compassionate ground can be given only if the family is passing through a financial hardship. He further submits that the Chairman, District Primary School Council, Burdwan, rightly rejected the application.
Considered the rival submissions, advanced by the learned Advocates of the parties. There is no dispute that an application was made by the writ petitioner for his appointment on compassionate ground. It is also not in dispute that the mother of the writ petitioner was working as a primary teacher at the time when the writ petitioner made the said application. Rule 14 of the Recruitment Rule of 2001 postulates as follows :
"14. Appointment on compassionate ground
- The Council may appoint primary teachers with the approval of the Director on compassionate ground in the following cases where in the opinion of the Council, the cases deserve compassionate consideration :
(a) when a primary teacher dies in harness 3 before the date of his superannuation leaving a family which, in the opinion of the Council, shall be in extreme economic hardship. (1) the unemployed widowed wife or (2) the unemployed son or (3) the unemployed unmarried daughter of the deceased retired primary teacher possessing required educational qualifications as laid down in sub-rules (a) and (b) of the rule 6, and found eligible to teach, may make within two years from the date of such retirement, a prayer in writing to the Council for W.P. 10410 (W) of 2007 appointment as primary teacher on compassionate ground, provided that only one member of a deceased primary teacher's family may be appointed on compassionate consideration :
(b) when a primary teacher is declared permanently incapacitated by the competent medical board set up according to the procedure laid down in the Government order and he has been allowed to retire at least two years before he attains the age of superannuation and his family is in extreme economic hardship after such retirement. (1) the unemployed wife or (2) the unemployed son or (3) the unemployed unmarried daughter of the incapacitated and prematurely retired primary teacher possessing the required Educational qualifications as laid down in sub-rules (a) and (b) of the rule 6, and found eligible to teach, may make within two years from the date of such retirement, a prayer in writing to the Council for appointment as primary teacher on compassionate ground :4
Provided that the only one member of the family of the incapacitated and prematurely retired primary teacher possessing the required Educational qualifications and found eligible to teach, may be appointed on compassionate ground."
On a bare reading of the said provision it appears that to avail the benefits, as enshrined in Rule 14 of the Recruitment Rule of 2001, the family, which includes wife, son, unmarried daughter and divorcee dependant daughter provided divorce is given prior to the date of death of the teacher, is in extreme financial hardship, i.e. it fails to provide two square meals and other essentials to the surviving members of the deceased W.P. 10410 (W) of 2007 teacher's family.
Apparently, mother of the writ petitioner was working as a primary teacher at the time of death of the father of the writ petitioner. Thus, there cannot be any manner of doubt that the family could be said to be under eminent financial crisis so as to say that the said family was unable to provide two square meals and other daily needs required for day to day life. Appointment on compassionate ground is not another mode of appointment; it is an exception to the normal rule of appointment. While considering the prayer for appointment on compassionate ground, the authorities should follow the procedure, as enshrined under Rule 14 5 of the Recruitment Rule of 2001, strictly, taking into consideration the financial condition of the family as on that date, and any departure therefrom, would frustrate the very object and purpose of such appointment.
There is no doubt that terminal benefits, which have been given to the family, cannot be a ground for rejection for appointment on compassionate ground. The Hon'ble Supreme Court in the case reported in AIR 2000 SC 1596 (Balbir Kaur & Anr. -vs- Steel Authority of India Ltd. & Ors.) and the Division Bench of this Court, in cases reported in 2009 (1) CHN 23 (Tapan Kumar Barman
-vs- State of West Bengal & Ors.) and 2010 (1) CHN (CAL) 665 (Swati Chatterjee -vs- State of West Bengal & Ors.) have categorically held that payment of terminal benefits cannot be a ground for rejection of an application for appointment on compassionate ground.
The object of appointment on compassionate W.P. 10410 (W) of 2007 ground is to tide over the bereaved family, which has suddenly fallen in financial crisis and no other consideration would negate the purpose and object of such appointment. The family, of which, mother of the writ petitioner is one of the members, as per definition of 'Family' engrafted in Rule 14 of the Recruitment Rules, 2001, cannot be said to be under financial hardship.
Thus I do not find any merit in this writ 6 application. The writ application stands dismissed, however, there will be nor order as to costs.
Urgent xerox certified copy be supplied to the parties, if applied for, on priority basis.
(Harish Tandon, J.)