JUDGMENT :

Rabindranath Samanta, J.

1. Aggrieved by the inaction on the part of the state authority to appoint him as a Library Peon on compassionate ground in a college namely Saldiha College, Bankura, the petitioner has approached this court by preferring this writ petition seeking direction upon the respondents to appoint him as a Library Peon in the college.

2. The facts giving rise to the writ petition may be summarised as under :

Smt. Sefalika Panda, the mother of the petitioner Mritunjoy Panda was a permanent Group D employee of Saldiha College. She was working as Helper-cum-Cleaner in the Girls’ Hostel of the college. As an approved staff, sefalika panda used to draw regular salary and other allowances as admissible to a permanent Group D employee.

Unfortunately, the mother of the petitioner while in service died on 21st July, 2014 leaving behind her the petitioner as her unemployed son.

After the sudden demise of his mother, the petitioner made appeal to the college authority for family pension, gratuity etc.. The college authority calculated the family pension at Rs. 4,890/-as on 21.07.2014 and death gratuity at Rs.1,15,890/-.

3. The petitioner applied for appointment on compassionate ground in died in harness category to the college. Responding to his application the Principal of Saldiha College vide Memo dated 19.05.2015 requested the Director of Public Instruction, Government of West Bengal to appoint the petitioner on compassionate ground in the college, but no step has been taken as yet from the concerned authority.

Be it noted that the petitioner filled in the application in prescribed format seeking appointment on compassionate ground. He submitted several no-objections from the other claimants. The enquiry committee constituted by the college authority, on consideration of the application of the petitioner, no objections from other claimants and other relevant factors, recommended the name of the petitioner for appointment on compassionate ground. But, the state authority i.e. the Director of Public Instruction has sat tight over the recommendation forwarded by the college authority.

On the similar circumstances as that of the petitioner, the state authority granted appointment on compassionate ground to the legal heirs of the deceased who died in harness vide Memorandum No. 226-Edn(T/10N/68/10) dated 15th June, 2011. Following such memorandum several appointments have been made and those appointees eke out their livelihoods because of such appointments. But, so far as the petitioner’s case is concerned, the respondent authorities exhibit their indifference to his prayer.

Strangely, during the pendency of the recommendation for petitioner’s appointment on compassionate ground, the college authority published an advertisement dated 27.11.2018 inviting applications from the candidates to fill up the post of Library Peon in the college.

Under the aforesaid circumstances, the petitioner seeks direction upon the respondent authorities to appoint him as a Library Peon in the college on compassionate ground and injunction against them so that they cannot take any step to appoint Library Peon in terms of the advertisement dated 27.11.2018.

4. In their report in the form of affidavit filed by the respondent Nos. 1 and 2 namely the State of West Bengal and the Director of Public Instruction, state that the petitioner’s father Rabindra Nath Panda was an employee of Saldiha College, Bankura and he died in harness. On his demise, his wife Sefalika Panda, the mother of the petitioner, was given compassionate appointment to the Group D post in the college. While she was working as Helper-cum-Cleaner at the college she died on 21st July, 2014 at the age of 54 years after rendering fifteen years of service. Gratuity and other service benefits were released. After availing of such benefits on the demise of his mother the petitioner has sought for appointment on compassionate ground. These answering respondents state that there is no exist