- (1.) Babul Chandra Dey, an employee of Jadavpur University, Kolkata, died in harness on 22nd May, 2006 pursuant to which his married daughter Jolly Dey Bose applied before the concerned authority for compassionate appointment on 27th December, 2006 which was not considered. Thereafter she filed a writ petition in this Court being W.P. No. 14588 (W) of 2012. At this juncture it is pertinent to refer to a copy of the letter dated 11th July, 2012 of the Registrar of Jadavpur University annexed to the supplementary affidavit filed on behalf of the petitioner in the aforesaid writ petition the relevant portion of which is quoted hereunder: "your prayer for appointment on compassionate ground due to death of your father Babul Chandra Dey cannot be considered as there is no provision in the norms of the university for appointment of married daughter on compassionate ground."
(2.) In her writ petition before the learned Single Judge the petitioner contended that she was given in marriage to one Joydeep Bose on 30th June, 2005 but "owing to physical and mental torture upon her by her husband and other family members she was driven out from her matrimonial home in December, 2005." Since then she has been residing in her father's house as one of his dependents. The petitioner and her mother have been left in penury due to death of her father. She is therefore in dire need of compassionate appointment to tide over the sudden financial crisis. The petitioner further averred in her application that refusal to consider a married daughter for compassionate appointment is discriminatory and violative of Article 15 of the Constitution of India.
(3.) Placing credence on the petitioner's story of being a deserted wife who was financially dependent on her father during his lifetime, the learned Single Judge vide order dated 5th August, 2013 in W.P. No. 14588 (W) of 2012 opined as follows: "I am of the opinion that if this is the case, and the rules providing for compassionate appointment to a widowed or divorced daughter, the writ petitioner should not be deprived of an appointment on compassionate ground. The ground that she is working in the University as a temporary hand should not be counted at all. There is no comparison between a permanent job and a temporary job.";