The main legal point established in the judgment is that the restriction on married daughters' eligibility for compassionate appointment, based solely on their marital status, is not constitutionally valid.

JUDGMENT :

ANIRUDDHA ROY, J.

Facts:

1. The mother of the petitioner was an approved Group-D Staff at one Karbula Satas Gram High Madrasah (H.S.), District: Dakshin Dinajpur (for short, Madrasah). The mother had died-in-harness on February 07, 2013. On April 04, 2003, Annexure P-1 at page 15 to the writ petition, the petitioner applied through the Madrasah authority before the respondent no.3 seeking compassionate appointment in the died-in-harness category. The Madrasah authority by its letter dated May 6, 2013 forwarded the application of the petitioner before the respondent no.3, Annexure P-2 at page 16 to the writ petition.

2. The petitioner complied with all formalities. By a letter dated July 19, 2014, Annexure P-3 at page 17 to the writ petition, the Madrasah authority made a prayer before the respondent no.3 for enlistment of the name of the petitioner in the enrolment for the name of the ward of the deceased employee under died-in-harness category.

3. By a communication dated May 29, 2013 the respondent no.3 asked the Madrasah authority to submit a copy of the pension payment order of the deceased mother, Annexure P-4 at page 18 to the writ petition, to ascertain the income of the family for determining the financial criteria for enrolment of the name of the petitioner in died-in-harness category register.

4. The respondent no.3 then by its communication/decision dated October 21, 2014 Annexure P-6 at page 20 to the writ petition, rejected the claim of the petitioner seeking compassionate appointment, on the plea that there was no scope in the existing government order for considering the prayer of a married daughter for enrolment of her name in the register under the died-in-harness category.

5. Assailing the said decision of the respondent no.3 dated October 21, 2014 the petitioner has filed the instant writ petition, inter alia, praying for cancellation and quashing of the said impugned decision dated October 21, 2014 and the enlistment of the name of the petitioner under the died-in-harness category and to issue letter of appointment in her favour.

6. The note of the registry dated June 25, 2015 suggests that despite their being a direction of a coordinate bench dated May 13, 2015 no counter affidavit was filed by the respondent to the writ petition.

7. Considering the issue involved in the writ petition, its long standing pendency and also the law being settled on the issue, this Court thought it fit that any further pendency of the writ petition would not serve any fruitful purpose by extending the time for filing affidavits and accordingly, the writ petition was taken up for final consideration.

Submissions:

8. Mr. Ekramul Bari learned counsel appearing for the petitioner submits that the petitioner is a married daughter of the deceased State employee. Referring to the application of the petitioner dated April 4, 2013, Annexure P-1 at page 15 to the writ petition, he submits that at all material time the petitioner and her husband was residing with the deceased mother of the petitioner at her same residential house. The husband of the petitioner does not earn such, which can be sufficient to run the family. The husband of the petitioner has practically no independent source of income. The family of the petitioner was maintained by the deceased mother with her own income. The deceased mother was not under any regular pension scheme and she was under the scheme of contributory provident fund cum gratuity. In such situation, with the sudden and untimely death of the deceased mother, thwart the petitioner and her family practically into starvation and poverty.

9. Referring to a government order issued by the Education Department bearing no. 897-Edn (S) dated October 12, 1992, Annexure P-5 at page 19 to the writ petition, learned counsel for the petitioner submits that if a daughter is wholly depending on fathers family for her maintenance, she may be considered for appointment on compassionate ground provided the other dependen