MADHUMITA KARAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Learned Counsel appearing for the petitioner submits that the petitioner's husband was appointed as an Assistant Teacher in Parbatipur Patitpabani High School (Higher Secondary), Gopalchak, Purba Medinipur on 16.06.2007 and he died-in-harness on 15.03.2013. The petitioner, Madhumita Karan, after her husband's demise, was residing at her in-law's house where she became subject to both physical and mental cruelty by her in-laws. The petitioner's father rescued her from her in-law's home. After her husband death, the petitioner on good faith handed over all the papers related to the application for her appointment on compassionate ground to her elder brother-in-law within the prescribed period of time to mitigate the hardship faced by her and her two minor children but her brother-in-law did not submit the application papers before the appropriate authority. Being ignorant of this fact, the petitioner made applications and reminders to the School authority and the District Inspector of Schools (SE), Purba Medinipur respectively for taking necessary steps regarding her appointment on compassionate ground.

(2.) Learned Counsel for the petitioner further submits that the District Inspector of Schools (SE), Purba Medinipur, after receiving the letter dated 02nd August, 2017 and reminders on 10th March, 2018 and 10th May, 2018 rejected the prayer of the petitioner as the application was filed on 02nd August, 2017, i.e. after two years of the death of the Assistant Teacher by his order dated 05th February, 2019 without considering that there was an unintentional delay in making application for appointment on compassionate ground. The impugned order dated 5th February, 2019 reads as follws:

(3.) Learned Counsel relied on several judgments pronounced by Hon'ble Supreme Court regarding such unintentional delays having been condoned. Learned Counsel pleads that in the Rules for appointment on compassionate ground, word 'may' is used which is directory in nature. In the case of State Of Haryana And Another Versus Raghubir Dayal, 1995 1 SCC 133, Hon'ble Supreme Court has held the words 'may' and 'shall' will be construed as directory in nature because the intention is to mitigate financial hardship. The Ld. Counsel refers to the judgment passed by Hon'ble Supreme Court in the case of Bhawani Prasad Sonkar Versus Union Of India And Others, 2011 4 SCC 209 where it has been held that the appointment on compassionate ground has to be given on humanitarian ground. In the case of Sayed Khadim Hussain Versus State Of Bihar And Others, 2006 9 SCC 195, Hon'ble Supreme Court has condoned the delay of 11 years in making application for appointment on compassionate ground.