Dependency, not marital status, determines eligibility for compassionate appointments for married daughters.

JUDGMENT : 

Om Narayan Rai, J.

1. The petitioner is aggrieved by an order dated March 9, 2021 passed by the District Inspector of Schools (SE), Purba Bardhaman whereby the petitioner’s request for appointment on compassionate grounds has been declined.

2. The petitioner’s father was a teacher in 23 Dadhia Free Primary School. He died-in-harness on March 13, 2019 leaving behind the petitioner (being a married daughter), his wife and a minor son as his heirs.

3. Upon the death of the petitioner’s father the petitioner applied for appointment in the said school on compassionate grounds. The mother of the petitioner supported the petitioner’s case by way of another application thereby indicating that if appointment was granted to the petitioner, the petitioner would look after the family of the deceased employee.

4. The petitioner’s case for compassionate appointment was not considered by the respondents and, therefore, the petitioner approached this Court by filing a writ petition being WP 388 of 2019. The said writ petition was disposed of by an order dated August 22, 2019 thereby directing the respondent no.5 therein (i.e. the Chairman, District Primary School Council, Burdwan) to consider the petitioner’s representation dated May 22, 2019 and dispose of the same upon granting an opportunity of hearing to the petitioner.

5. In deference to the said order, the Chairman, District Primary School Council, Burdwan heard the petitioner and passed an order dated September 24, 2019 thereby observing as follows: -

“AND WHEREAS, it is found from the supporting documents and papers that said Rimpa Ghosh does not get requisite qualification to get a job of a primary teacher as per Govt. Rule and she prayed before the Chairman, DPSC, Burdwan to appoint her as a Group C employee in any department.

ACCORDINGLY, considering all the facts & circumstances, the undersigned is satisfied that the said Rimpa Ghosh is eligible to get a job as a non teaching staff of a Secondary School & hence, as per GO No 559/ES/E dtd 6/7/2015 it is ordered to send the application of Rimpa Ghosh to the District Inspector of Schools (SE), Purba Bardhaman, for their necessary consideration so that she may get an appointment as a non-teaching staff (Group C) of any Secondary School.”

6. Upon such order being passed, the District Inspector of Schools (SE), Purba Bardhaman called the petitioner for a hearing and passed an order dated March 9, 2021 thereby rejecting the petitioner’s request for compassionate appointment.

7. Being aggrieved thereby, the petitioner has approached this Court by filing the instant writ petition.

8. Mr. Bhattacharya, learned advocate appearing for the petitioner submits that the order impugned is unsustainable inasmuch as the same has been passed in the teeth of the judgment of the Hon’ble Full Bench of this Court in the case of The State of West Bengal & Ors. V. Prunima Das & Ors. in FMA 1277 of 2015. He has also relied on the following judgments -

1) WPST 80 of 2022 (Antara Banerjee v. The State of West Bengal & Ors.

2) MAT 667 of 2023 (Chaitali Mitra v. The State of West Bengal & Ors.

3) WPA 15954 of 2021 Md. Sahonowaz Ali v. State of West Bengal & Ors..

9. It is submitted that in view of the aforesaid judgments a married daughter cannot be held to be disentitled to appointment on compassionate ground merely by dint of her marriage.

10. It is further submitted that the District Inspector of Schools acted contrary to the findings of the Chairman of the District Primary School Council inasmuch as the said Chairman had forwarded the case of the petitioner to the District Inspec