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Calcutta High CourtWPA/18638/2022dismissed

Shila Nandi Majumder And ANR. v. State Of West Bengal And ORS.

2023-06-05Hon'Ble Justice Abhijit Gangopadhyay2 pages

Court No. 17 WPA 18638 of 2022 05.06.2023 Shila Nandi Majumder & Anr.

Vs.

The State of West Bengal & Ors.

(A 18) (S. Banerjee) with CAN 1 of 2023 Mr. Sayan De Mr. Sayan Kanjilal ... for the petitioners Mr. B. P. Vaisya Mr. Suman Dey ... for the State Mr. Supriyo Chattopadhyay Ms. Iti Dutta ... for the DPSC, respondent no. 3 The husband of the petitioner no. 1, who was a school teacher, expired in 2012. At that point of time the wife of the expired teacher, i.e., the petitioner no. 1, was over-aged and her daughter was under-aged. Now in 2022, the petitioner has made one application to the Chairman of the DPSC Dakshin Dinajpur for the service against death in harness for her daughter.

However, the compassionate appointment is given for tying over the immediate financial crisis on the death of the sole bread earner of the family. Here it is not the case as the husband of the petitioner expired in 2012 and the petitioner no. 1 waited for ten years for attaining majority of her daughter. This shows that there was no immediate financial crisis.

Therefore, this application is dismissed.

(Abhijit Gangopadhyay, J.)