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KRISHNA RAO
Sourav Jha – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Krishna Rao, J. - The petitioner has prayed for cancellation of the Memo No. 707-SC/P 7P-95-2011(Pt-4) dt. 22.03.2013 passed by the respondent no. 2, the Commissioner of School Education, West Bengal wherein the respondent no. 2 has rejected the request made by the petitioner for appointment on compassionate ground on account of death of his father late Sudhansu Kumar Jha. The petitioner further prayed for a direction upon the respondent no. 2 to accord approval of compassionate appointment of the petitioner and to send the same to the respondent no. 4, Chairman, Malda District, Primary School Council for appointment of the petitioner.
The father of the petitioner was appointed as Primary School Teacher and joined as assistant Teacher of Mitna Primary School under Harishchandrapur (South) Circle, Malda on 29.10.2003. The father of the petitioner Sudhansu Kumar Jha died on 13.10.2006. after the death of the father of the petitioner, the mother of the petitioner has made a representation to the respondent authorities informing the school authorities regarding the death of her husband and taking appropriate steps for their survival. at the time of the death of the father, the p
The prescribed time limit for compassionate appointment is mandatory and cannot be extended, and delayed applications do not meet the eligibility criteria.
The main legal point established in the judgment is that compassionate appointment cannot be claimed as a matter of right, but if an applicant is bona fide and fulfills the necessary qualifications, ....
The ceiling of 5% of direct recruitment vacancies for making compassionate appointment should not be exceeded.
Compassionate appointment is not a source of recruitment and cannot be claimed or offered after a lapse of time. The financial condition of the family at the time of the employee's death is a primary....
Point of Law : It is true that the Rule, 1974 provides that if the application for compassionate appointment is submitted after five years, the competent authority is obliged to forward it to the Sta....
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
The time limit for submitting an application for compassionate appointment is rigid and cannot be extended, especially when the applicant was a minor at the time of the death of the employee.
The central legal point established in the judgment is that the claim for compassionate appointment cannot be entertained after a considerable period of time since the death of the government employe....
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