ISLAM AHMED Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Bearing in mind the true import of the word "compassion" we proceeded to hear out the instant writ petition filed by the widow and son claiming the appointment on the death of the Government employee while in service. Admittedly the husband of the petitioner no. 2 died on 4/10/2005 in harness and immediately within a specified time an application was taken out by the petitioner no. 2 seeking her appointment on compassionate ground. The application was processed by the authority and vide Memo dtd. 30/7/2008 issued by the Chief Secretary to the Government of West Bengal, Home Department, she was put in a panel under the exempted category at serial no. 424. She was further communicated that she will be given an appointment the moment her turn will come, as the appointment under compassionate ground for which the said panel was created shall be exhausted as and when the vacancy in such category falls vacant.

(2.) The learned Additional Government Pleader fairly submits that as per statutory norms/rules 10% of the total vacancies are earmarked for being filled up under the compassionate ground category / exempted category.

(3.) Obviously the moment the panel is prepared under such category, the person who stands at the higher pedestal shall get the preference over the persons at the lower tier of the said panel. The position becomes different the moment the petitioner no. 2 sought for an appointment of her son, who was admittedly minor at the time of death of his father and subsequently became major.