The right to compassionate appointment must not be denied solely due to delayed application, especially when previous recommendations support the claim and timeliness of responses is lacking.

JUDGMENT :

MADHURESH PRASAD, J.

1. The writ petitioners were the applicants before the West Bengal State Administrative Tribunal (hereinafter in short referred to as SAT) in OA 717 of 2023 filed by the writ petitioners with respect to claim for compassionate appointment (hereinafter in short referred to as claim) of the first writ petitioner which was rejected by the SAT by an order dated 04.07.2024.

2. Briefly stating the case of the applicants before the SAT was that one Kalipada Sardar died while in harness on 24.04.2010. At the time of his demise he was working as “Gowala” in the Department of Animal Resources Development (DARD for short).

3. The petitioner No.1, who was first applicant before the SAT is son of late Kalipada Sardar. The petitioner No. 2 the second applicant before the SAT is wife of Late Kalipada Sardar. The deceased Government employee left behind the two writ petitioners and two daughters. It is the case of the applicant that on 14.06 2010 the applicants/writ petitioners along with other legal heirs of the deceased Government Employee affirmed an affidavit of no-objection before the 1^st Class Magistrate, Alipore, South 24 Paraganas. The first applicant being wife of the deceased submitted a representation on the same date (14.06.2010), seeking an offer of compassionate appointment in favour of her son (second applicant.)

4. The son thereafter submitted an application on the prescribed form on 28.12.2012 seeking benefit of compassionate appointment. An enquiry was conducted with respect to the claim of the son. Respondent No. 3 Deputy Director, in whose office the deceased was employed during his lifetime, forwarded the application to the Director, Respondent No. 2. The same was followed up by a reminder from the Deputy Director, as well as by the second writ petitioner. When the application and reminder evinced no response from the authorities the first writ petitioner invoked the jurisdiction of the SAT by filing an application under Section 19 of the Administrative Tribunals Act, 1985. The same was numbered as OA No. 910 of 2021 and was disposed of by an order dated 11.04.2022 recording a submission of the applicant that the Director of Animal Husbandry and /Veterinary, Government of West Bengal be directed to dispose of the petitioners’ pending claim. The SAT directed, passing of a reasoned order under communication to the petitioner within a period of 15 weeks from the date of receipt/production of a copy of the SAT’s order. The order was passed containing an explicit observation of the SAT that it had not gone into the merit of the matter and that all issues were left open to be dealt with by the Director in accordance with law.

5. The petitioners’ claim was thereafter rejected by respondent No.1, Secretary by an order dated 27.07.2022. From perusal of the same it is apparent that the application for compassionate appointment was processed by the Department and enquired into by a three-man-committee. Thereafter with a view to expeditious consideration of the application the Chief Secretary, Government of West Bengal, directed constitution of a departmental committee of senior officers, which was constituted by the Additional Chief Secretary of the Department on 11.05.2022. The Committee