RIZWANUL HASAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order passed by the District Inspector of Schools (S. E.), Kolkata (hereinafter referred to as the 'D. I. of Schools') with regard to his compassionate appointment on the death of his father in the year 2008.

(2.) In an earlier round of litigation this court had directed the D. I. of Schools to consider the claim for appointment of the petitioner on compassionate grounds in terms of the prevailing Rules at the time of the death of the concerned employee. Subsequent to passing of the order, a hearing was granted to the writ petitioner and upon consideration of all documents submitted by the writ petitioner his claim for compassionate appointment was rejected on the ground that the eldest son and the youngest son of the deceased employee were in service and family pension was being received by the family. On the aforesaid ground the D. I. of Schools came to the conclusion that this was not a case of extreme financial crisis wherein the petitioner was unable to provide two square meals to the surviving members of the deceased employee.

(3.) The petitioner relies upon the Government Order No. 457-Edn.(P) dated 12th Oct., 1987 read with 12-SE (B) dated 18th Jan., 1999 read with Government Order No. 898-SE(Pry.) dated 22nd Aug., 2005 to submit that the only criteria that has to be looked into for compassionate appointment is that the family is in distress and immediate need of financial assistance. The petitioner further relies on the judgment of the Apex Court in Balbir Kaur Vs. Steel Authority of India Ltd. reported in (2000) 6 Supreme Court Cases 493 wherein the Supreme Court had held that the family benefit scheme cannot in any way be equated with benefit of compassionate appointment. The Supreme Court had held that compassionate appointment would bring solace to the situation of the family of the deceased not only with regard to the economic condition but also with regard to the mental agony of the family of the deceased.