SK MOJAMMEL HAQUE Vs. STATE OF W B

JUDGEMENT

(1.) The petition has been preferred by the son of Joynal Abedin Mondal, who was employed with the Land Revenue Department. He succumbed to cancer on 31st August, 1995, leaving behind his widow and three minor sons. On attaining majority, the petitioner submitted an application on 7th August, 1997 for being appointed on compassionate grounds on account of the demise of his father, in harness. The petitioner's mother also submitted an application on the same date in support of the petitioner's claim. Both the applications were, however, rejected on 19th November, 1998, by the Authorities. The reasons for the rejection were that the petitioner had not applied immediately after the death of the breadwinner and the income of the family was Rs. 500/- per month. The petitioner sought a review of this order. However, that prayer was rejected. He then moved the Administrative Tribunal by preferring an application under section 19 of the Administrative Tribunals Act. That application was disposed of by setting aside the order passed by the Authorities. The Tribunal directed the Authorities to initiate a new enquiry and to consider the petitioner's prayer for appointment on compassionate grounds afresh. Accordingly, a fresh enquiry was instituted, which was conducted by the Director of Land Records and Surveys and Joint Land Reforms Commissioner, West Bengal. The prayer of the petitioner was rejected on considering the report of the Deputy Director of Land Records. The order was based on the report submitted by the Agricultural Development Officer indicating that the petitioner's family income was Rs. 20,129/- per annum and that the petitioner had received Rs. 1,63,975/-, besides the income from his landed property of Rs. 8,141/- per year, the family of the deceased employee was receiving Rs. 3,900/- per month as family pension. The petitioner challenged this decision of the Authorities by preferring O.A. No. 385 of 2003. This application was disposed of on 24th February, 2012, by the Tribunal. It was held that the petitioner was not entitled to be appointed on compassionate grounds as he and his family had survived for 16 years after the death of the employee in 1995.

(2.) We have heard the learned Counsel for the parties at length, in 1998 a report was submitted by the Director of Land Records & Surveys after conducting an enquiry as to whether the petitioner should be appointed on compassionate grounds. It was stated therein that there was no immediate financial hardship which the family had to face as it had agricultural land of 1.38 acres. The joint income was Rs. 500/- per month and pension was being paid at Rs. 900/- per month, besides Rs. 1,08,000/- received as retiral dues.

(3.) The second enquiry, which was conducted pursuant to the decision of the Tribunal in the first application filed by the petitioner being O.A. No. 3377 of 1999, disclosed that the family owned a small dilapidated pucca house. They had in their possession 1.38 acres of agricultural land. The family had managed to save Rs. 30,000/- from the death-cum-retiral amount which was received after the death of the petitioner's father which earned them interest of Rs. 325/- per month. Besides this, the petitioner's mother received Rs. 3,900/- per month as pension which would be reduced by half after three months. The report also indicates that had the petitioner's fattier survived, the normal pension would have been Rs. 4,356/- per month. However, due to his demise, the fall in the income of the family was around Rs. 2,430/- per month. The report also reveals that about Rs. 82,000/- was spent by the family during the last days of the employee on account of the treatment administered to him for cancer