Panchanan Sarkar v. State Of West Bengal And ORS.

20.05.2025 Court No. 18 Item No. 24 (Suvendu) WPA 9336 of 2025 Panchanan Sarkar -Versus- The State of West Bengal & Ors.

Mr. Kazi Ardan Ali .....for the petitioner Mr. Avishek Prasad Mr. Souradeep Singha ......for the DPSC, Malda Mr. Bhaskar Prasad Vaisya Mr. Nilay Baran Mondal ....for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner has approached this Court for granting appointment on compassionate ground since father of the petitioner was Head Teacher of a primary school who died-in-harness on 9th March, 1978. Petitioner prays for issuance of mandamus directing the concerned State authorities to appoint him on compassionate ground.

Very purpose of giving appointment on compassionate ground is to tide over immediate financial hardship due to untimely death of bread-earner. In the present case, father of the petitioner died on 9th March, 1978. Therefore, today it can be assumed that question of

immediate financial hardship cannot be a consideration after lapse of long period of time from the date of death of father of the petitioner. Moreover, at the time of death of father of the petitioner he was minor and it is trite law that right of a candidate to be appointed on compassionate ground cannot be preserved if at the time of death of employee applicant is minor unless there is specific provision in the scheme of appointment on compassionate ground.

Hence, no relief can be granted to the petitioner.

Writ petition stands dismissed.

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

(Saugata Bhattacharyya, J.)