JUDGEMENT
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(1.) This is the case of a widow of a deceased professor of English in Surendranath College, Kolkata. He died on 29th September, 2006. The widow claims compassionate appointment. The rule regarding compassionate appointment is set out hereunder:
"None except wife/son/daughter/near relation of the deceased employee and solely dependent on the earning of the deceased employee, shall be eligible for consideration for appointment in the died-in-harness, the benefit will be admissible if the family left behind by the deceased employee; is in immediate need of assistance and such employment on compassionate ground is absolutely essential to support the family of the deceased.
A person belonging to a completely separate family not be treated as solely dependant on the deceased employee for the purpose of such appointment on compassionate ground".
This compassionate appointment was refused to the writ petitioner. It was said that the amount received by her as terminal benefit, amounting to Rs. 5 lakhs and a pension of Rs. 22,696/- per month was more than enough for her livelihood and for the maintenance of the family.
(2.) The professor left behind two minor sons. They are still minor and being looked after by the mother. In a short period of time they will need substantial funds to finance their education, it was submitted. Moreover it was stated that the professor had taken a house building loan of Rs. 5,14,480/- for which the monthly installment amount to be paid was Rs. 4,000/-. Furthermore, it was said that a sum of Rs. 3,65,000/- was paid towards the hospital expenses of the ailing professor.
(3.) An earlier writ was filed in this Court by the petitioner (W.P. No. 25284 (W) of 2010) where this Court had passed an order on 12th January, 2011 upon the respondents, in that writ to consider the case of compassionate appointment of the petitioner.;
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