The High Court of Calcutta, while dismissing an appeal filed at the behest of the employer and directed against the judgment and order dated April 30, 2024, passed by the learned Single Judge allowing the writ petition, held that a married daughter cannot be excluded from the zone of consideration for the grant of compassionate appointment subject to such married daughter fulfilling other terms and conditions required for the grant of compassionate appointment in terms of the Rule governing the grant of compassionate appointment.
Brief Facts:
The private respondent is the daughter of the deceased employee and married in the year 2003. The employee died in harness on August 22, 2012. Son of the deceased employee applied for a compassionate appointment which was turned down on the ground of age bar. Thereafter, on January 20, 2014, the private respondent applied for a compassionate appointment which was rejected on August 25, 2017. Learned Single judge-directed grant of compassionate appointment. Hence, the present appeal.
Contentions of the Appellant:
The Learned Counsel for the Appellant submitted that the learned Single Judge erred in directing the grant of compassionate appointment to the writ petitioner/private respondent. He argued that the married daughter of the deceased employee has been excluded from the zone of consideration. He contended that the private respondent cannot be considered to be dependent upon the deceased employee due to her marriage.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that classifying a married daughter as not a dependent upon the family of the deceased employee has been struck down.
Observations of the court:
The court noted that the Private respondent applied for a grant of compassionate appointment by writing dated January 20, 2014, immediately after the rejection of the claim for a grant of compassionate appointment of the brother rejected by the appellants.
The Court observed that a married daughter cannot be excluded from the zone of consideration for the grant of compassionate appointment subject to such married daughter fulfilling other terms and conditions required for the grant of compassionate appointment in terms of the Rule governing the grant of compassionate appointment. The marital status of the daughter of a deceased employee cannot be a reasonable differentiation to deny a grant of compassionate appointment. Her application was not rejected on the ground that, she was not dependent upon the family of the deceased at the time of his death.
The decision of the Court:
The Calcutta High Court, allowing the appeal, held that there was no merit in the appeal.
Case Title: West Bengal State Electricity Distribution Company Limited vs. Mousumi Banerjee
Coram: Hon’ble Justice Debangsu Basak and Hon’ble Justice Shabbar Rashidi
Case No.: F.M.A. 869 of 2024
Advocate for the Appellant: Mr. Partha Sarathi Bhattacharyya
Advocate for the Respondent: Mr. Ekramul Bari
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