Koushik Pramanik And ANR v. State Of West Bengal And ORS.

11-11-2025 Item No.118 ML Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.9458 of 2025 Koushik Pramanik & Anr.

-vsThe State of West Bengal & Ors.

Mr. Subhrangsu Panda Mr. Ratul Ghosal Mr. Anupam Singha Mr. Sompurna Chowdhury ...for the petitioners Mr. Sudipta Panda Ms. Ananya Neogi ...for the State Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for WBCSSC Ms. Koyeli Bhattacharyya ...for WBBSE 1.

The petitioners claim to be the heirs of a deceased school teacher. The first petitioner is the son and the second is the widow. The teacher died-inharness on December 2, 2004. The widow of the deceased immediately applied for compassionate appointment. Her application was not considered in proper time. Since due to passage of time she became age-barred for getting a job, she sought for appointment in favour of her son who was a minor at the time of death of his father. The documents of the petitioners were forwarded to the concerned authority.

2.

The West Bengal Regional School Service Commission, South-Eastern Region considered the proposal for appointment of the widow in the year 2024 and noted that there were

discrepancies in the documents forwarded by the District Inspector of Schools (SE), Nadia.

3.

The petitioners submit that they are proceeding with the claim for compassionate appointment diligently after the death of their predecessor-ininterest. Prayer has been made to direct the authority to provide appointment to the son of the deceased employee being the first petitioner on compassionate grounds.

4.

I have heard the respective submissions made on behalf of the parties.

5.

Admittedly, in the instant case, the employee died way back in December 2004. Though the widow proceeded with her claim for compassionate appointment for quite some time, but later on she relinquished her right to the job and sought for appointment in favour of her son on compassionate grounds. It appears that the documents of the son of the deceased are still not in order and that the Commission has not received the same.

6.

Appointment on compassionate grounds is a special case. This is not a regular mode of employment. It is a benefit given to the heirs of the deceased to tide over the immediate financial crisis faced by the family on the death of the breadwinner.

7.

In the instant case, it appears that the son of the deceased employee was a minor at the time of death of his father. There is hardly any provision for reservation of vacancy for providing appointment when the minor attains majority. The widow has already given up her right for employment.

8.

At such belated point of time, there is no scope

for providing or showing any compassion to the family of the deceased. Nearly twenty years have passed in the meantime. Accordingly, the prayer of the petitioners for consideration of their case for compassionate appointment cannot be allowed.

9.

The writ petition fails and is hereby dismissed. 10.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

11.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]