RABINDRANATH SAMANTA
Mrityunjoy Panda – Appellant
Versus
State of West Bengal – Respondent
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 :
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 compass
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The judgment establishes the principle that denial of compassionate appointment based on gender bias and privileges under Article 30 violates constitutional rights, emphasizing the need for equality ....
Compassionate appointment - Government Resolution - Petitioner was 8th standard pass and educational qualification at relevant point of time was 4th standard pass and subsequently he acquired qualifi....
Statutory provisions for compassionate appointment cannot be restricted or taken away by issuing circulars/memorandums/notifications.
The main legal point established in the judgment is the correct application of legal provisions, specifically Section 35 of the Jharkhand University Act, 2000 and Section 5 of the Jharkhand Staff Sel....
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
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