24.04.2025 Court No. 25 D.Hira WPA 21139 of 2018 Chowdhury Mousuf Kamal Vs.

The State of West Bengal & Ors.

Mr. Prabir Chatterjee, Ms. Adrija Chatterjee.

... for the petitioner Ms. Sanghamitra Nandy, Mr. Rajaram Banerjee.

… for the State

1. The order of the District Inspector of Schools, Secondary Education Birbhum dated March 16, 2018 is under challenge in the instant case.

2. The subject matter of the writ petition is with regard to compassionate appointment of the present petitioner as the sole legal heir of the deceased employee, whereas by dint of the said impugned order, the said respondent authority has turned down the petitioner’s prayer, for the reason, that the relevant factor of ‘financial hardship’ in terms of the rules applicable, is not fulfilled in his case.

3. After careful perusal of the said impugned order dated March 16, 2018, the Court finds that the respondent authority as above has held that upon verification, it has found that the family income of the present petitioner exceeds the basic salary applicable to a Group-D employee.

4. Therefore, the prayer of the petitioner has been rejected in terms of the G.O. No. 697-ES/08 dated July 9, 2009, for the reason that ‘financial hardship’ as prescribed to be a mandatory condition to be fulfilled before prayer of an incumbent may be considered for compassionate appointment, has not been fulfilled in case of the present writ petitioner.

5. The father of the writ petitioner was forced to retire on medical grounds with effect from September 22, 2014, he having suffered neurodegenerative disease and not being capable to work any further.

6. During the retired life of the father of the petitioner, he enjoyed the pension.

7. Later on, the said person has died on May 13, 2021.

8. The petitioner has applied for appointment on compassionate ground upon his father having retired compulsorily due to medical reasons, being suffered from neurodegenerative disease.

9. At that point of time, while considering his prayer for compassionate appointment, the said respondent authority has held that the family income of the said person exceeds the basic pay of a Group-D employee, inclusive of the pension, allowable to the said person, retired prematurely. It has been held, thus, the ‘financial hardship’ criteria for an incumbent for being appointed on compassionate ground, has not been fulfilled in case of the petitioner.

10. Mr. Prabir Chatterjee, learned counsel appearing for the writ petitioner has submitted that under such circumstances, after death of the father of the petitioner on May 13, 2021, there has been variation in the ‘family income’ of the writ petitioner, in terms of the prescribed Rules. That, it is for the reason that the wife of the said person is now entitled to family pension at only half of the rate as was granted to the original pension holder.

11. Therefore, according to the petitioner, there should be change with respect to amount of ‘family income’ and this time the family pension should be reduced much below than the basic pay amount of the Group-

D employee.

12. In the light of the changed circumstances as above, Mr. Chatterjee seeks that necessary order be passed directing the respondent District Inspector of Schools, Secondary Education, Birbhum to re-consider the petitioner’s prayer as above.

13. Having heard the learned counsel for the petitioner and also after perusing the records including the death certificate of the original pension holder produced in Court, the Court is of the considered opinion that after death of the original pension holder, the family pension would be paid to the successor of him, at a reduced rate, as per law. Therefore, there should be change in the ‘family income’ from the amount as was calculated earlier, by dint of the impugned order dated March 16, 2018 and in terms of the relevant rules.

14. In such circumstances, the petitioner is likely to fulfil the conditions prescribed regarding ‘financial hardship’ in terms of G.O. No. 697-ES/08 da