BITASOKE MAHATA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is at the instance of the son of an Assistant Teacher of a high school who died in harness praying for a direction upon the respondents to appoint him on compassionate ground after setting aside the order of the District Inspector of Schools (SE), Bankura dtd. 14/11/2009.

(2.) The father of the petitioner who was an approved Assistant Teacher of a High School died in harness on 5/6/2016 leaving behind him surviving his widow and the petitioner as his only heir, heiress and legal representative. The mother of the petitioner submitted a representation before the District Inspector of Schools (SE) hereinafter referred to as 'DI' on 22/8/2016. The said application was rejected by the DI by an order dtd. 24/7/2017 which was set aside by a co-ordinate bench by an order dtd. 16/7/2019 in WP No. 2291(W) of 2019. The co-ordinate bench directed the DI to consider the case of the petitioner afresh by passing a reasoned order. Pursuant to the said order dtd. 16/7/2019 passed in WP No. 2291 (W) of 2019 the DI passed an order on 14/11/2019 thereby rejecting the prayer for compassionate appointment. Being aggrieved by the said order of the DI, the petitioner has approached this Court.

(3.) Mr. Bari, learned advocate for the petitioner assisted by Mr. Lahiri contended that receipt of family pension by the widow of the deceased employee cannot be a ground to reject the prayer for compassionate appointment. He further submitted that pension is a deferred payment in recognition of the past services of the employer. He also submitted that the scheme of compassionate appointment is over and above what heirs and legal representatives are entitled as benefits arising out of the service upon the death of an employee. Mr. Bari placed reliance on the following decisions in support of his contention that while considering an application for compassionate appointment the fact that the family of the deceased is getting family pension and also obtained terminal benefits is of no consequence.