Sunita Bagdi v. State Of West Bengal And ORS.

18.03.2025 Court No. 18 Item No. 23 (Suvendu) WPA 2628 of 2025 Sunita Bagdi -Versus- The State of West Bengal & Ors.

Mr. P.K. Bhattacharya .....for the petitioner Ms. Biswabrata Basu Mallick, Ld. AGP Ms. Parna Roy Chowdhury ..........for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner has questioned the order dated 1st July, 2024 passed by the District Inspector of Schools (SE), Purba Bardhaman being respondent no.2 whereby prayer of the petitioner for appointment on compassionate ground was rejected. It is submitted on behalf of the petitioner that cogent reasons have not been assigned in support of decision taken by respondent no. 2.

Mr. Basu Mallick, learned Additional Government Pleader representing State respondents submits that apart from income

criteria of family of deceased teacher, application seeking appointment on compassionate ground was not made within the statutory period of two years before the concerned respondent authorities.

Therefore, petitioner lost opportunity to be considered for appointment on compassionate ground.

Having considered the respective submissions made on behalf of the parties and taking note of the relevant provisions as contained under Schedule V to West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules, 2009, it appears that a dependent family member of the deceased teacher is required to apply for appointment on compassionate ground within two years from the date of death of the teacher. In the present case, teacher died on 12th May, 2021 and application for appointment on compassionate ground was made on 22nd January, 2024.

It is trite law that object of providing compassionate appointment is to tide over immediate financial requirement and taking note of such financial requirement provision has been made in the Rules of 2009 that an application

for appointment on compassionate ground may be made within two years from the date of death of employee. After a considerable period of time requirement to provide compassionate appointment is withered away.

Hence, no relief can be granted to the petitioner and writ petition stands dismissed. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)