Compassionate appointment is a benevolent state policy for immediate family survival, not a right to employment; therefore, claims filed after a significant delay, where immediate need is not established, are unsustainable.

Form J(2)

JPD Sl.No. 46 Moumita Court no. 10

Constitutional Writ Jurisdiction Appellate Side

Aniruddha Roy, J. :

Facts:

1. Affidavit-of-service, filed in Court today is taken on record.

2. Mr. Deborshi Dhar, learned Advocate appears for the petitioner.

3. Ms. Supriya Singh, learned Junior Government Pleader with Ms. Esha Acharya, learned Advocate appears for the State.

4. Petitioner being the daughter of a State employee claims compassionate appointment. The father being the deceased employee died on February 18, 2012 when the petitioner was about 9 to 10 years, a minor daughter. The mother of the petitioner being the widow of the deceased employee applied for compassionate appointment but since she did not have the qualification, she was disqualified as per the prevailing scheme for compassionate appointment, as required qualification was not there. The petitioner then applied after five years her father died.

5. Compassionate appointment has already been rejected by a communication of the authority dated June 5, 2024 annexure p-6 at page 36 to the writ petition with the following observation and finding:

‘In the instant case: The date of death of the deceased employee, Late Babulal Lohar, is 18.02.2012. According to the Birth Certificate, the date of birth of the present applicant, Miss Basanti Lohar, D/o Late Babulal Lohar is 13.03.2002 and according to the West Bengal Board of Secondary Education date of birth of Miss Basanti Lohar is 13.03.2003. So, at the time of death of late Babulal Lohar, the present applicant. Miss Basanti Lohar was minor and her age was only 9 or 10 years. So there is no scope to become major of Miss Basanti Lohar within 5 years from the date of death of her father. Initially Smt. Anita Lohar, W/o Late Babulal Lohar had applied for appointment on compassionate ground on 17.12.2013. According to the proforma application of Smt. Anita Lohar, the educational qualification of Smt. Anita Lohar is Nil. The present applicant, Miss Basanti Lohar, D/o Late Babulal Lohar had submitted the proforma application in and around 23.09.2021. It indicates that the present applicant had submitted proforma application after more than 5 years from the date of death of her father.’

6. The law is well-settled that, compassionate appointment is not a matter of right. It is a result of benevolent state policy. Unless the claimant qualifies the stipulations under such benevolent policy, compassionate appointment is not permitted. Inasmuch as, the policy for compassionate appointment has been introduced so that, the family of deceased can survive immediately after the untimely death of the deceased employee. Compassionate appointment is not a tool for generating employment.

7. In the facts of this case, admittedly since 2012, after the demise of the State employee, the family could survive till September 23, 2021 when the petitioner applied for compassionate appointment. Therefore, there was no immediate requirement for survival of the family of the deceased, immediately after his death.

8. Inasmuch as, on perusal of the reasons given in the said decision rejecting the claim of the petitioner dated June 5, 2024, this Court is of the considered view that, the reasons are sustainable in law and in sync with the prevailing policy. Thus, the rejection dated June 5, 2024 is not interfered with.

9. Inasmuch as, the communications by the State Executive at pages 39 and 40 to the writ petition would not alter the prevailing policy, those two communications at best can be considered as suggestions but cannot be treated as