JUDGMENT :

1. This instant appeal has been referred against the Order and Judgment assed by the Hon’ble Single Bench on the 19th day of August, 2021 in writ petition being W A 5112 of 2019.

2. By the impugned Judgment and Order the Hon’ble Single Bench was pleased to direct the Director of Public Instruction (hereinafter referred to as DPI) to take prompt steps for providing appointment to the writ petitioner on compassionate grounds in the died in harness category, in consequence of which the appellant/respondent, that is the State, has preferred this instant appeal.

3. The facts of the present case are that the father of the writ petitioner expired in the year 2007. Thereafter the mother of the writ petitioner submitted an application before the respondent college that is the Pingla Thana Mahavidayalaya in the year 2008 seeking appointment of the petitioner on compassionate ground under the died-in-harness category. The Director of Public Instruction (DPI), Government of West Bengal was directed by a Single Bench of this Hon’ble Court in the writ petition being WP No. 16987 (W) of 2010 to pass a reasoned order as regards to the prayer for appointment on compassionate ground.

4. The DPI, Government of West Bengal, after consideration of the said application turned down the prayer for appointment on compassionate ground stating that there is no existing scheme of this department as regards to compassionate appointment. The other ground for rejecting the said prayer for appointment on compassionate ground was that the family of the deceased has received considerable amount of money as death-cum-retirement benefit. Being aggrieved by the said reasons shown by the DPI, Government of West Bengal, the writ petition was filed.

5. The Learned Counsel appearing on behalf of the State appellants/respondents to the writ petition has submitted that while passing the impugned order, the Hon’ble Single Bench has not considered the fact that there is no existing scheme regarding compassionate appointment under the died-in-harness category. It has further been submitted that the Hon’ble Single Bench ought to have considered that the circulars of the Labour Department, Government of West Bengal, cannot be applied in respect of a Governmentaided college. The Learned Counsel relying upon the aforesaid submissions prayed for allowing the instant appeal by setting aside the impugned order passed by the Hon’ble Single Bench. In support of his submissions reliance is placed on the following judicial authorities:-(1994) 2 SCC 718; (2007) 8 SCC 148; (2019) 14 SCC 646; (2007) 2 SCC 481; (2011) 4 SCC 209; (2007) 5 SCC 77; (2007) 5 SCC 519; (2003) 2 SCC 673.

6. The Learned Counsel appearing on behalf of the respondent/writ petitioner has submitted that there is provision for appointment on compassionate ground under the died-in-harness category in the First Statute of Vidyasagar University. It has further been submitted that under Clause 163 of the Vidyasagar University Statute there is provision of recruitment of non-teaching employees in the category of died-in-harness. It has further been submitted that the application for appointment on compassionate ground was filed within a reasonable period. Relying upon the aforesaid submissions,

7. Learned Counsel has prayed for rejecting the instant appeal and affirming the order passed by the Hon’ble Single Bench. In support of the aforesaid submissions the respondent relies upon the following authorities: (2000) 6 SCC 493, Paragraph 13; (2005) 10 SCC 289, Paragraph 6; (2008) 13 SCC 1, Paragraph 7.

8. From the record it reveals that the father of the petitioner was a nonteaching staff of the Pingla Thana Mahavidyalaya, who expired on the 16th day of December 2007 being in service. The spouse of the deceased applied for recruitment of their son on the ground of compassionate appointment in February 2008. Being unable to obtain any response from the authorities the appellant was compelled to file a writ petition being