Badra Mandi v. West Bengal State Electricity Distribution Company Limited
2018-05-04
SAMBUDDHA CHAKRABARTI
body2018
DigiLaw.ai
JUDGMENT : Sambuddha Chakrabarti, J. Let the affidavit-of-service filed in court today be kept with the record. 2. The father of the petitioner was an employee of the West Bengal State Electricity Distribution Company Limited (WBSEDCL, for short). He died-in-harness on December 26, 2009. He made an application, though on a plain paper, for appointment on compassionate ground. Since the respondents authorities have not provided an appointment to the petitioner he has approached this court. 3. It must be admitted that there has been an unusual delay in the petitioner's approaching this court after he made the application in the year 2009. In any application for appointment on compassionate ground the applicant must have to demonstrate a sense of urgency at every joint. The whole purpose of providing a compassionate appointment to a dependant of an ex-employee is to help the family to tide over the immediate financial need caused by the untimely death of the sole bread earner. Therefore, any delay in taking appropriate step must be deemed to be fatal for consideration of such an application. 4. That apart, in terms of the Recruitment Policy of the WBSEDCL also the petitioner is not entitled to be so appointed. The petitioner has also crossed the upper age limit for such appointment in terms of the relevant Recruitment Policy. He is now aged about 40 years and in terms of Clause 6(b) of the said Policy the upper age limit shall not be more than 30 years for a dependent other than the wife as on the date of death. The father of the petitioner died on December 26, 2009, i.e., about 8 years before when he had definitely crossed the upper age limit of 30 years as stipulated in the Recruitment Policy. Moreover, it appears from the bio-data of the petitioner annexed to the application that he has passed class VII which he has mentioned as his educational qualification. The petitioner being a non-technical man there is no question of appointing him to a Class-III post. So far as Class-IV posts are concerned, both technical and non-technical, the minimum qualification is class VIII pass from a government recognized school along with other qualifications as stipulated therein. Therefore, from the point of view of educational qualification also the petitioner is not eligible to be so appointed. 5.
So far as Class-IV posts are concerned, both technical and non-technical, the minimum qualification is class VIII pass from a government recognized school along with other qualifications as stipulated therein. Therefore, from the point of view of educational qualification also the petitioner is not eligible to be so appointed. 5. It is a trite law that compassionate appointment is always a scheme related one. There cannot be any appointment on compassionate ground de hors the scheme. Therefore, an authority while considering an application for appointment on compassionate ground must have to act in terms of the provisions contained in the scheme. In the case of State Bank of India & Anr. v. Raj Kumar, reported in (2010) 11 SCC 661 the Supreme Court has specifically observed that the claim for compassionate appointment is traceable only to the scheme framed by the employer for such appointment and there is no right whatsoever outside such scheme. 6. In such view of it the court has to hold that the petitioner is not eligible for appointment on compassionate ground in terms of the scheme framed by the respondents which is governing the field at the relevant point of time and which should be taken into consideration in view of the specific observation made by the Supreme Court in the case referred to above. 7. I thus find no merit in the writ petition and the same is dismissed. 8. However, it would have been appropriate on the part of the respondents authorities to respond to the application made by the petitioner and inform him the reasons for which he may not be so employed. A statutory corporation where an employee has put in sufficient length of service owes this minimum responsibility to the dependent heirs of an employee who died-in-harness. 9. There shall be no order as to costs. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.