The Calcutta High Court, through Justice Saugata Bhattacharyya, held that a government employee who passes away one day before their 60th birthday is deemed not to have completed 60 years of age. As a result, the dependent of the deceased employee is eligible for compassionate appointment.
Background of the Case
The petitioner sought compassionate appointment in a secondary school following the demise of his father. The father, born on January 2, 1961, passed away on January 1, 2021, just a day before his 60th birthday. The authorities denied the petitioner's request, citing that the father had already attained the age of 60 at the time of death. This decision was based on Schedule V of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-teaching Staff) Rules, 2009.
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In response, the petitioner challenged the decision through a writ petition, seeking to quash the memo dated February 5, 2024, issued by the Assistant Secretary, West Bengal Regional School Service Commission.
Arguments Presented
The petitioner argued that since his father was born on January 2, 1961, he had not yet completed 60 years of age on January 1, 2021, the day he passed away. The petitioner further contended that there was still one day remaining for his father to complete 60 years, making him eligible for compassionate appointment under the applicable rules.
The petitioner also referred to Rules 18 and 20 of the West Bengal Primary School Teachers Recruitment Rules, 2016. Under Rule 18, the date of superannuation for his father was set as January 31, 2021. Additionally, Rule 20 emphasized that the financial hardship of the deceased's family should be considered.
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Conversely, the respondent authorities argued that the 2016 Rules did not apply to this case. Instead, Schedule V of the 2009 Rules was applicable, which stated that the father had completed 60 years of age on January 1, 2021, making the petitioner ineligible for compassionate appointment.
The court examined Clause 1 under Schedule V of the 2009 Rules, which specifies that if a teacher or non-teaching staff member dies before reaching the age of superannuation (60 years), one dependent family member is eligible for compassionate appointment.
The court noted:
"The deceased was scheduled to retire on January 31, 2021, but passed away on January 1, 2021, at the age of 59 years, 11 months, and 29 days. Had he survived until January 2, 2021, he would have officially completed 60 years of age."
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Since the employee did not reach his 60th birthday, the court ruled that he should be considered under 60 at the time of death. As a result, the petitioner was eligible for compassionate appointment.
The court further observed:
"There is no statutory bar preventing the petitioner from being considered for compassionate appointment if the deceased parent passed away just before completing 60 years of age."
Accordingly, the memo dated February 5, 2024, which denied the petitioner’s request, was set aside. The court directed the concerned authorities to proceed with the petitioner's application for compassionate appointment.
Case Details:
- Case Name: Sk. Monikul Hossain vs. The State of West Bengal & Ors.
- Case No.: W.P.A. 28275 OF 2024
- Judgment Date: February 26, 2025
- Petitioner's Counsel: Firdous Samim, Gopa Biswas, Sampriti Saha, Swati Dey
- Respondents' Counsel: Biswabrata Basu Mallick, Biman Halder, Sunit Kumar Roy, Saibal Acharyya, Tanweer Jamil Mandal
