IMPORTANT POINT
The main legal point established in the judgment is that an application for appointment on compassionate ground cannot be rejected solely based on the claimant reaching 18 years of age after a considerable period of time from the date of death of the employee, if an initiation was made within the specified time limit.

JUDGMENT :

1. There is a delay of 142 days in preferring the appeal. Sufficient cause being shown for not being able to present the appeal within a period of limitation. The delay of 142 days in presenting the appeal is hereby condoned.

2. Accordingly, application CAN 3 of 2016 (Old CAN 1455 of 2016) is allowed and disposed of.

3. The writ petitioner is the son of the deceased. He was minor when his father died. His father was working in the District Primary School Council, Bankura. He filed an application under the died-in-harness category after attaining the age of majority. The said application was disallowed. This has resulted in a writ petition being filed being WP 8540 (W) of 2009 in which an order was passed on 15th June, 2012.

4. Admittedly, the father of the writ petitioner was a primary school teacher. He died on 7th November, 1993 while in service. The mother of the present writ petitioner made an application for appointment on compassionate ground. However, she was not given any appointment before her death. In the meantime, the present writ petitioner along with her sister made an application praying for appointment on compassionate ground in the died-in-harness category. Since the said application was not considered, the aforesaid writ petition was filed. While disposing of the said application, the learned Single Judge observed as follows :

“The petitioners have assailed and Memo no. 2284/2 dated 27th October 2008 passed by the Chairman, District primary School Council, Bankura whereby and whereunder the application for appointment on compassionate ground is rejected on the ground that the petitioners were minor at the time of death of their father.

Admittedly, the father, who was a primary school teacher, died on 7th November 1993 while in service. Mother of the petitioners made an application for appointment on compassionate ground.

Although the mother was included in the Live Register but no appointment could be made before her death. In the meantime, the petitioners attained majority and took out an application seeking appointment on compassionate ground.

In affidavit-in-opposition, it is stated that the application filed by the petitioners was much beyond the prescribed period and reiterated the stand that the petitioners had not attained the age of 18 years at the time of death of the deceased employee.

Interestingly, it is specifically stated that the mother did not file any application seeking her appointment. The petitioners have disclosed the application and various communications made by the authorities on the application filed by the mother which necessarily prove that such statement of the authority has no semblance of truth. Therefore, it could unhesitatingly be held that the process was initiated immediately upon death of the teacher within the prescribed period, which yielded no result as no appointment was made in favour of the mother.

Division bench in the case of Syed Iftikar Ali vs. State of West Bengal, reported in 2011 (2) CHN (Cal) 17 held that an application seeking appointment on compassionate ground cannot be rejected on the ground that the claimant reached 18 years of age after lapse of considerable period of time from the date of death of the employee if an initiation, at the instance of the widow, is made within the time limited in the following words :

“7. Considering the aforesaid decision of the Hon’ble Supreme Court, we are also of the opinion that in the present case, the Director of School Education, West Bengal should not have rejected the proposal for appointment of the appellant herein on the ground that the said appellant reached 18 years of age after six years of the date of death of the teacher concerned without appreciating the fact that the Chairman, Hooghly District Primary School Council sent the proposal for appointment of the appellant on compassionate ground in view of the special fact that the widow of the deceased teacher claimed appointment on compassionate ground within t