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2016 Supreme(Cal) 667
IN THE HIGH COURT AT CALCUTTA
C.S. Karnan, J.
Rumana Pervin – Petitioner
Versus
The State of West Bengal & Ors. – Respondents
W.P. No. 18397(W) of 2014
Decided on : 16-12-2016
Advocate Appeared:
For the Petitioner: Mr. N.C. Mandal.
For the State : Mr. Jahar Lal De, Ms. Smita Das De.
A minor who is otherwise eligible for a compassionate appointment is not disqualified merely because he/she was a minor at the time of the death of the employee.
Headnote:
COMPASSIONATE APPOINTMENT - RIGHT TO APPOINTMENT - ARTICLE 226 - ARTICLE 16 - ARTICLE 14 - RIGHT TO LIFE - RIGHT TO EQUALITY - RIGHT TO LIVE WITH DIGNITY - RIGHT TO LIVELIHOOD - GOVERNMENT ORDER - INTERPRETATION - APPLICABILITY - ELIGIBILITY - QUALIFICATION - AGE - MINOR - MAJOR - FAMILY MEMBER - CONSENT - SUITABLE JOB - VACANT POSITION - DIRECTION TO APPOINT - MANDAMUS - WRIT PETITION - ALLOWED
Fact of the Case:
Petitioner's father, an Assistant Teacher, died in harness leaving behind the petitioner, an unmarried daughter, four other daughters, and their widowed mother. The petitioner, after completing her education and attaining majority, sought a compassionate appointment on the ground of her father's death. The District Inspector of Schools rejected her application on the ground that she was a minor at the time of her father's death and hence not eligible for appointment. The petitioner challenged the rejection order by filing a writ petition.
Finding of the Court:
The court held that the Government Order, which required the petitioner to apply for a compassionate appointment within two years from the date of her father's death, was not applicable in the instant case as the petitioner was a minor at the time of her father's death. The court further held that the petitioner was the eligible candidate among the family members of the deceased and that the family had given consent for providing an appointment to the petitioner.
Issues: 1. Whether the petitioner was eligible for a compassionate appointment despite being a minor at the time of her father's death? 2. Whether the Government Order requiring the petitioner to apply for a compassionate appointment within two years from the date of her father's death was applicable in the instant case?
Ratio Decidendi: 1. The court held that the petitioner was eligible for a compassionate appointment despite being a minor at the time of her father's death as she had obtained the required qualification and attained the age of majority at the time of filing her application. 2. The court held that the Government Order requiring the petitioner to apply for a compassionate appointment within two years from the date of her father's death was not applicable in the instant case as the petitioner was a minor at the time of her father's death.
Final Decision: The court allowed the writ petition and directed the respondents to provide the petitioner with a suitable job in compassionate grounds on or before a specified date.
The short facts of the case are as follows:-
1. The petitioner has submitted that her father namely Md. Yasin Ali was appointed as an Assistant Teacher on 1.9.1972 and all of a sudden her father died on 16.9.2007 long before the date of retirement and the father of the petitioner died leaving behind the petitioner as an unmarried daughter and four other daughters and their mother a widow.
2. The petitioner states that four daughters out of five got married during the life time of the father of the petitioner and for the purpose of the said marriages the deceased father of the petitioner took a loan from the close friends and relatives and at present the petitioner and her mother are forced to pay the said loan amount and as a result the petitioner including her mother have been suffering seriously.
3. The petitioner states that immediately after the death of the father of the petitioner and finding no other alternative way the mother of the petitioner filed an application for enlistment of her name against the Death in harness, which was duly forwarded on 17.04.2008 by the school authority to the District Inspector of Schools (SE) concerned.
4. The petitioner further states that on 29.03.2008 four daughters out of five affirmed an affidavit stating inter alia that they have no objection of the mother if the petitioner is provided with an appointment letter to any post by the competent authority.
5. The petitioner states that the one married sister of the petitioner namely Bilkis Nahar filed a writ petition praying for appointment on the same ground by stating some false and frivolous story being W.P. No.11360 (W) of 2009 and the said writ petition was dismissed by the Hon’ble Justice Jayanta Kumar Biswas on 7.09.2009.
6. The petitioner states that after the death of the petitioner’s father, the mother of the petitioner made a representation before the concerned authority praying for a job on the ground of died-in-harness category on 29.6.2009. It is stated in the said representation that if service is not provided to the mother then the petition should be considered.
7. The petitioner states that Teacher-in-Charge of Boldepota Aminia Senior Madrasah forwarded the necessary papers of the petitioner for appointment in died-in-harness ground on 17.7.2009 to the District Inspector of Schools (SE) concerned.
8. The petitioner states and submits that inspite of getting all the necessary papers for appointment on compassionate ground of the mother of the petitioner, the District Inspector of Schools (SE) concerned in sitting tight over the matter and did not take any steps for appointment to the mother of the petitioner on compassionate ground.
9. The petitioner states that on 27.10.2009 the District Inspector of Schools (SE) forwarded the name of the mother of the petitioner to the Director of Madrasah Education for enlistment of the mother’s name in death-in-harness register for appointment on compassionate ground.
10. The petitioner states that in 2011 the petitioner passed Alim Examination and thereafter also passing Fazil Examination in 2013 and her date of birth is 01.01.1996.
11. The petitioner states that the mother of the petitioner moved a writ petition being W.P. No.17068 (W) of 2009 praying for appointment letter on compassionate ground which was disposed of on 25.11.2009 by the Hon’ble Justice Dipankar Datta by directing the District Inspector of Schools (SE) concerned to consider the representation made by the petitioner for appointment of her youngest daughter on compassionate ground strictly in accordance with the rules as early as possible but not later than four months from the date of receipt of the copy of this order.
12. The petitioner states that the petitioner made a representation on 24.02.2014 to the District Inspector of Schools (SE) concerned by requesting him to take necessary steps for appointment on compassionate ground in favour of the petitioner as per the solemn order dated 25.11.2009 passed by t
