The compassionate appointment policy lacks specific academic qualifications; applications must be assessed promptly upon submission.

JUDGMENT : 

Aniruddha Roy, J.

1. On the prayer of learned advocate for the petitioner, time to file exception to the report in the form of affidavit stands extended till today. The exception filed in Court, is taken on record. Copy has been served. Facts:

2. The writ petitioner is the daughter of one Padma Ganguly since deceased, who died in harness on August 12, 2020. The petitioner through prescribed format on July 1, 2022, annexure p-2 at page-30 to the writ petition has applied for compassionate appointment for herself.

3. The said application shows that the petitioner described herself as a candidate of Class-VIII passed as on that date. The said application yielded no result, as the same was not considered contemporaneously.

4. In such situation, the petitioner second time submitted her application through a prescribed format dated September 2, 2023, annexure p-6 at page-45 to the writ petition, when the petitioner described herself as a Madhyamik passed candidate with the year of passing being 2022.

5. Both the applications were taken up for consideration by the respondent-Bank/employer, when the Bank by its communication dated October 21, 2024, annexure p-9 at page-71 to the writ petition had rejected the claim for compassionate appointment with the following observation:-

“With reference to your application for Compassionate Appointment and Head Office mail No. HRMD: ECG/N- 1691/SS dated 09.10.2024, we would like to inform you that your educational qualification is X standard pass.

In this regard we inform that the employment can be offered in the Clerical or Subordinate cadre, depending upon the qualifications of the candidate. At present the qualification for recruitment is as under:-

Sub-staff: Pass in XII standard or its equivalent with basic reading/writing knowledge of English. For Part Time Sweepers, the applicant should not passed 10th class.

Clerical: Graduate in any discipline or equivalent qualification and working knowledge of operating computer system.

In your application, it is mentioned that you are 10th pass and in the stated position, your applicant does not fulfill any of the above educational qualification criteria and is, therefore, not eligible for compassionate appointment of any post.

In view of the above, the subject case has been closed by the Competent Authority for the time being. You are hereby advised to apply for Compassionate Appointment of other eligible family member or after acquiring requisite educational qualification for any post, which will be considered in terms of the applicable scheme & availability of vacancy. Alternatively, you may submit application for ex-gratia lumpsum amount in lieu of Compassionate Appointment.”

6. By another communication dated February 13, 2025, the respondent-Bank/employer has also given the reasons for rejection for Compassionate Appointment, which were in sync with the reasons shown in the said communication dated October 21, 2024. However, for convenience the reasons are also quoted below:-

“With reference to our earlier letter dated 21.10.2024 & .subsequently your letter dated 13.02.2025, we would like to inform you that the employment can be offered in the Clerical cadre or Subordinate cadre, depending upon the qualification of the candidate. At present the qualification criteria for recruitment is as under:

Sub Staff: Pass in XIIth standard or its equivalent with basic reading/writing knowledge of English. For Part Time Sweeper, the applicant should not passed Xth class.

Clerical: Graduate in any discipline or equivalent qualification and working knowledge of operating computer system.

In your case, your qualification does not ful