JUDGMENT :

MADHURESH PRASAD, J.

1. Heard the learned State counsel as well as the learned counsel for the respondent.

2. The State has challenged the order passed by the West Bengal Administrative Tribunal (hereinafter referred to as S.A.T.) dated 19.06.2024 passed in O.A. No. 304 of 2023 whereby and whereunder the rejection of the applicant’s claim for compassionate appointment on account of death of his father in harness has been assailed and allowed by the S.A.T. The S.A.T. has directed for reconsideration of the application by treating the application to be within time (within two years).

3. The father of the applicant was serving as a Chowkidar under the P.W.D. at the Bankura Office. He unfortunately passed away on 04.02.2011. At this juncture, the elder brother of the applicant (eldest son of the deceased) made an application for compassionate appointment on 04.06.2013. It is not in dispute that the elder brother’s application was within time and on the specified proforma.

4. The authorities were not taking any decision on the claim of the elder brother. Under the apprehension that he would lose his chance for employment otherwise, the family of the deceased took a conscious decision that the elder son should pursue the opportunities available to him, and the younger son (the applicant before the S.A.T.) should seek the benefit of compassionate appointment in his place. Application to this effect was submitted before the office of the Executive Engineer, P.W.D. on 28.01.2013 by the elder brother. The wife of the deceased had also given an application to this effect. Subsequently an application was submitted on the proforma by the present applicant, on 04.06.2013.

5. Nearly 12 years after demise of the employee in harness and about 10 years after the application was submitted by the present applicant he has been served with a communication dated 10.02.2023 rejecting his claim for compassionate appointment citing a reason that the application was belated since it was made about four months beyond the two years period specified for the making of application. The delay has been counted by treating the date of submission of proforma (04.06.2013) to be the date of applicant’s application.

6. The S.A.T. has treated the application submitted by the mother as well as the present applicant on 28.01.2013 as being the first application for claiming the benefit of compassionate appointment in favour of the present applicant. The same being within two years of the date of death (04.02.2011), the objection regarding belated application raised by the respondents/State before the S.A.T. has been rejected. The rejection order dated 10.02.2023 relying upon the date of submission of proforma application 04.06.2013 as the date of application, has thus been quashed.

7. It is submitted by the learned counsel for the petitioners that a bare reading of the 2013 Circular makes it clear that the application is required to be submitted on the prescribed proforma. He has referred to the prescription regarding procedure contained at Paragraph 10 of the Notification dated 03.12.2013 whereby and whereunder the West Bengal Scheme for Compassionate Appointment, 2013 was notified. He has laid great emphasis on the provisions contained in Paragraph 10 (a) and (b) of the 2013 Scheme which reads as follows:

“(10) Procedure –

(a) If the family of the deceased or the employee retired on being permanently incapacitated is in need of financial assistance and the same is absolutely necessary to support the family, application for employment is to be submitted within six month from the date of death or retirement on permanent incapacitation. If no application is submitted within the said period it will be presumed that the family does not require any financial assistance. In no case application submitted after expiry of the above period will be entertained.

(b) Application is to be submitted in the prescribed proforma as in Annexure „A‟ and „B‟ as applicable through the Head