Back
IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Subhrajyoti Mondal – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge to order for compassionate appointment. (Para 1 , 2) |
| 2. arguments against the impugned order's compliance. (Para 4 , 5) |
| 3. case law on family pension and compassionate appointment. (Para 6 , 9) |
| 4. legal principle that family pension is not considered income. (Para 10 , 11) |
| 5. court’s directive to set aside the impugned order and grant appointment. (Para 12 , 13 , 14) |
JUDGMENT :
Rai Chattopadhyay, J.
1. An order dated April 24, 2018, of the District Inspector of Schools (Secondary Education), Murshidabad [herein after referred to as the “DI”] is under challenge in the instant writ petition. The petitioner has paid for the relief that by setting aside the said impugned order necessary directions be made to appoint him on compassionate ground.
2. The petitioner’s father was appointed as an assistant teacher on August 7, 1989 and was appointed as the headmaster of the school on September 16, 2011. He has breathed his last on January 21, 2013, during the tenure of his service. The said father of the petitioner was survived by his widow, a married daughter and the son that is the present petitioner. The mother of the petitioner made an application for compassionate
Family pension should not be included in financial assessments for compassionate appointments, as it does not represent actual financial hardship.
Family pension is a relevant factor in determining financial hardship for compassionate appointment under the West Bengal Central Service Commission (Selection of Persons for Appointment to the Post ....
Compassionate appointment cannot be denied based on pension benefits received by a family member, as it serves to address financial distress of the bereaved.
Family pension should not be included in the income calculation for compassionate appointment, as established by Supreme Court precedents.
The main legal point established in the judgment is that the provisions under the relevant scheme for compassionate appointment are mandatory in nature, and the subsequent declaration of Govind Praka....
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
Compassionate appointment is an exception to the general rule and should be granted based on fulfilling the eligibility criteria and the family's financial condition. It is not a matter of right and ....
The court established that financial benefits received by a deceased employee's family must be assessed against their liabilities to determine eligibility for compassionate appointment.
Compassionate appointment is not a vested right – If scheme requires that family pension must be taken into account in evaluating merits of an application, it has to be followed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
