Back
High Court Of Calcutta
SATYABRATA SINHA, SATYA NARAYAN CHAKRABARTY
DEBIRANI BHATTACHARJEE - Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS - Respondent
F. M. A. T. 643 Of 1994
Decided On : 04/04/1996
APPOINTMENT ON COMPASSIONATE GROUND - RELAXATION CLAUSE - INTERPRETATION - APPLICABILITY TO GRANDSON - CONSTITUTIONAL PRINCIPLES - REGULARISATION OF APPOINTMENT - DOCTRINE OF ACQUIESCENCE - FUNDAMENTAL RIGHT TO EMPLOYMENT - EQUITY AND JUSTICE - JUDICIAL REVIEW - ARTICLE 142 OF THE CONSTITUTION OF INDIA.
Fact of the Case:
The appellant, a grandson of a deceased Class IV employee of a school, sought appointment on compassionate ground or regularisation of his services. The Managing Committee of the school had made a recommendation for his temporary appointment, but the appointment was not approved. The appellant filed a writ petition claiming appointment and full salary and service benefits.
Finding of the Court:
The court held that the appointment of the appellant was void ab initio as it was not made in accordance with the recruitment rules. The court also held that the circular letters issued by the State of West Bengal for the purpose of grant of appointment on compassionate ground being a beneficient provision should be construed liberally and in support of his aforementioned contention reliance has been placed on Baldev Sharma v. R. C. Vasin.
Issues: 1. Whether the grandson of a deceased employee is entitled to appointment on compassionate ground under the circular letter issued by the State of West Bengal? 2. Whether the appellant's appointment, having been made without following the recruitment rules, can be regularised? 3. Whether the appellant has a fundamental right to employment under Article 21 of the Constitution of India? 4. Whether the court can exercise its jurisdiction under Article 142 of the Constitution of India to grant relief to the appellant?
Ratio Decidendi: 1. The court held that the term 'ward' as defined in the circular letter issued by the State of West Bengal does not include a grandson. The court relied on the decision of the Supreme Court in Auditor General of India v. G. Ananta Rajeswara Rao, which held that appointment on compassionate ground can be made only to the son/daughter or widow of the deceased Government employee who died in harness. 2. The court held that regularisation is not a mode of appointment and that the appellant's appointment cannot be regularised as it was made in violation of the recruitment rules. 3. The court held that the appellant does not have a fundamental right to employment under Article 21 of the Constitution of India, as the right to employment is not an absolute right and is subject to the provisions of the Constitution and the relevant statutes. 4. The court held that it cannot exercise its jurisdiction under Article 142 of the Constitution of India to grant relief to the appellant, as such jurisdiction cannot be exercised in violation of the statute.
Final Decision: The court dismissed the appeal but expressed hope that the appellant's case would be considered along with other eligible candidates in the event of any vacancies arising in the future.
( 1 ) THIS appeal is directed against a judgment and order dated February 11, 1994 passed by a learned Single Judge of this Court whereby and whereunder the said learned Judge disposed of the writ petition filed by the appellant claiming appointment on compassionate ground and/or regularisation with certain directions.
( 2 ) THE writ-petitioners filed the writ application, inter alia, on the ground that the husband of the petitioner No. 1 and grandfather of the petitioner No. 2, Sasthiram Bhattacharjee was a Class IV employee of Durgapur T. N. High School (hereinafter referred to as the said School ). He died in harness on November 29, 1989, allegedly, leaving behind a widow, a son and the writ-petitioner No. 2 who is his grandson. According to the writ-petitioners, the petitioner No. 1 has been ailing for a long time and has not been in a position to work. The father of the petitioner No. 2 is also a handicapped person. The writ-petitioners in support of their aforementioned contention relied on a certificate issued by Tarun Chatterjee, Member, Legislative Assembly, West Bengal, which is contained in annexure 'b' to the writ application. The Managing Committee of the said School by a Resolution dated December 9, 1989 keeping in view the financial condition of the writ-petitioner No. 2 made recommendation for his appointment on a temporary basis as a Class IV employee on a salary of Rs. 300/- per month. As the appointment of the said writ-petitioner was not being approved, he filed the aforementioned writ-application along with his grandmother, praying inter alia, therein for issuance of a writ of or in the nature of mandamus directing the respondents to approve his services with retrospective effect from the date of his joining as also for a direction for payment of full salary, allowance and service benefit with effect from December 1989. It was stated that the application for approval was also submitted before the competent authority. The learned Trial Judge upon taking into consideration the relevant circulars disposed of the writ application with a direction to the District Inspector of Schools (S. E.) Burdwan to refer the matter to the Director of School Education and to consider the representation of the said petitioner dated 'november 30, 1989 as contained in annexure 'd' to the writ application in the event his case comes within the purview of 'died in harness circular'.
( 3 ) MR. Pratap Roy, learned Counsel for the appellants, has principally raised three contentions in support of this appeal. The learned counsel submits that the meaning of 'ward' as stated in paragraph 5 in the circular letter dated October 12, 1987 should be given a wide meaning so as to encompass within its ambit such persons who are living under the same roof and has moral duty, if not legal, to maintain his parents and ailing grand mother. It was submitted that the circulars issued by the State of West Bengal for the purpose of grant of appointment on compassionate ground being a beneficient provision should be construed liberally and in support of his aforementioned contention reliance has been placed on Baldev Sharma v. R. C. Vasin. Mr. Roy would contend that the definition of 'ward' does not exclude the other blood relation and/or other members of the family. Reliance in this connection, has been placed on the meaning of the word, 'family 'as contained in Black's Law Dictionary at page 543. As regards the decision of the Supreme Court of India, it was submitted that in the said decision there was no provision for relaxation which exists in the instant case. It was also submitted that the State having a duty to impart education in terms of the constitutional mandate, must also take steps to fill up the posts, inter alia upon taking recourse to the circulars issued by it. It was urged that as under Rule 28 of the Management of Recognised Non-Government Institution (Aided and Unaided) Rules, 1969, all the circulars issued by t
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
