Court ruled that a compassionate appointment remains valid for eligible family members despite the beneficiary's death, ensuring no deprivation of benefits due to unforeseen circumstances.

JUDGMENT : 

Madhuresh Prasad, J.

1. English translated copies of annexures P-8 and P-9 have been provided earlier and are kept on record.

2. The West Bengal State Administrative Tribunal (SAT) vide Order dated 19.11.2024, has disposed of O.A. No. 818 of 2022, wherein the writ petitioner has assailed rejection of his claim for compassionate appointment by the authorities vide Memorandum No.2471 dated 30.08.2022. The order dated 19.11.2024 passed by the SAT is put to challenge in the present proceedings.

3. The brief factual background giving rise to the O.A. No. 818 of 2022, filed by the writ petitioner before the SAT is that the writ petitioner’s father ( Late Manjura Soren) died while in service on 14.07.2011, when he was posted as a constable in the Kolkata Police. The mother of the writ petitioner applied for compassionate appointment, which the authorities kept pending for a considerable period of time. Family of the deceased Government employee was found to be entitled and eligible for grant of benefit of compassionate appointment. The compassionate appointment was finally offered to the writ petitioner’s mother after more than a decade, vide communication dated 17.06.2022 issued by the Senior Special Secretary to the Government of West Bengal, the Department of Home and Hill Affairs, Government of West Bengal, Police Establishment Branch. The approval was forwarded to the Commissioner of Police Kolkata who in turn requested the petitioner’s mother to collect the prescribed form of verification role if she was willing to accept the offer of appointment. Communication to this effect was issued by the Administrative Officer in the office of the Commissioner of Police, Kolkata Administration (Establishment) Branch and the petitioner’s mother was required to appear before the Board on or before 30.06.2022, along with the certificate in original regarding proof of age, caste and academic qualification, so that the suitable post may be determined.

4. In the mean time, the petitioner’s mother had written a letter to the Joint Commissioner of Police, Kolkata on 05.05.2022, sending an intimation that she had been affected with cancer and was undergoing treatment for the same. She sent medical certificate in this regard, and being faced with such a situation requested the authorities that her elder son (applicant/writ petitioner) may be considered for appointment on compassionate ground. Without considering such request of the petitioner’s mother, the claim for compassionate appointment was processed and an offer of compassionate appointment was made in favour of petitioner’s mother, as taken note of above.

5. Since the petitioner’s mother was undergoing treatment for cancer, she could not appear before the Board as per communication dated 23.06.2022, issued by the Administrative Officer in the office of the Commissioner of Police, Kolkata. The petitioner’s mother could not appear before the authority on 30.06.2022, since apparently she was breathing her last as she succumbed to cancer. The same is apparent from the Death Certificate dated 29.07.2022, showing her date of death as 20.07.2022 i.e. 20 days after the date fixed for her appearance before the authority on 30.06.2022.

6. After demise of the petitioner’s mother, the petitioner wrote to the authorities requesting that since the family was found entitled and eligible for benefit of compassionate appointment he may be considered for grant of compassionate appointment instead of his mother who was not surviving. The petitioner’s request has been rejected by a Memo being No. 2471 dated 30.08. 2022, issued by the Senior