The provision requiring two years of service prior to retirement for compassionate appointment is directory and not mandatory.

Samapti Chatterjee, J.

1. Petitioner filed the present writ petition assailing the impugned order dated 13th January, 2009 whereby the petitioner’s appointment on compassionate ground was rejected on the ground that his father (Home Guard) Kohinoor Karan did not have two years left to reach sixty years of age.

2. It is submitted that on 13th November, 1969 the petitioner’s father namely Kohinoor Karan was appointed as Home Guard under the Department of West Bengal Home Guard. Thereafter on 20th December, 2004 Identity Card of the petitioner’s father was issued by the Superintendent of Police, Purba Midnapur.

3. It is also submitted that on 13th October, 2007 the father of the petitioner became seriously ill while on duty in the office of the Divisional Engineer (D) (O and M) Sub-Division under Inspector in-charge Haldia Police Station. As a result whereof the petitioner’s brother took away the father of the petitioner to their house for his treatment and that was duly informed by submitting an application on the self same date i.e. on 13th October, 2007 to the Office-in-charge, Haldia Police station. Despite prolonged treatment in the Janak Public Health Centre, Purba Midnapur the father of the petitioner has not recovered from his illness and ultimately left side of the body of the petitioner’s father became paralyzed. In the result he became permanently incapacitated to work.

4. Thereafter on 31st July, 2008 the father of the petitioner made an application before the Superintendent of Police, Purba Midnapur to appoint the petitioner in his place as Home Guard since he has became permanently incapacitated to work. After receiving the said application the Superintendent of Police Purba Midnapur forwarded the same to the Director General and Commandant General (Home Guard) on 13th January, 2009 on the ground that enrollment on compassionate ground of his son (petitioner herein) cannot be considered as the said Home Guard, Kohinoor Karan did not have two yeas left to reach the age of sixty.

5. After gathering the same the petitioner approached the office of the Superintendent of Police Purba Midnapur on 4th March, 2009. He made his prayer that his father actually had fallen ill on 13th October, 2007 and date of retirement of the father was 23rd March, 2010 therefore, his father would remain in service about two years five months 10 days i.e. more than two years to attain age of sixty which obviously comes within the purview of appointment on compassionate ground. Then the petitioner was advised to approach the Director General and Commandant General (Home Guard) West Bengal who rejected the petitioner’s father’s prayer for appointment of the petitioner on compassionate ground.

6. Thereafter the petitioner on 9th September, 2009 made a representation before the Director General and Commandant General (Home Guard) West Bengal as follows :-

“To

The Director General and Commandant

General (Home Guards), Government of West Bengal,

Bikash Bhawan, Salt Lake City, Kolkata-700 091.

Re: Prayer for appointment of the undersigned Sri Asis Kanti Karan in the post of Home Guard under compassionate ground in place of my father Kahinoor Kanti Karan, H.G No.440012 Village and Post Office-Kasaria, Police Station-Khejuri, District-Purba Medinipur who has been permanently incapacitated since 13.10.2007.

Sir,

I, The under signed, beg most respectfully to state the following facts as follows :

1. My father Sri Kahinoor Kanti Karan was appointed as a member of the ‘Home Guard’ under Section 4 of the West Bengal Ordinance No.XI of 1962 with effect from 13.11.1969 and also while on duty he will have the same pwoers, functions and privileges as a police officer appointed under Act-V of 1861.

2. The since the date of appointment, my father was working in such capacity till 12.10.2007 under different Police Station, Purba Medinipur District and posted different State Government Offices. Unfortunately, on 13.10.2007 at about 7 a.m. my father seriously fell ill;