Dipak Prakas Kundu, J. - (1.) The writ petitioner is the son of late Satya Narayan Gope who had been the Headmaster of Methela High School. The father of the writ petitioner expired on 16.7.1984. On 10.8.1984, the mother of the writ petitioner made an application to the District Inspector Schools (S.E.), Birbhum, through the Secretary, Methela Junior High School intimating that the only son of late Satya Narayan Gope, Bishnupada Gope the writ petitioner was at the material time 14 years old and student of Class VIII. Under such circumstances, the mother of writ petitioner prayed that the name of the writ petitioner may be enlisted on his attaining 18 years of age. Another representation dated 19.10.1990 was also made to the D.I. of Schools (S.E.), Birbhum, for empanelment of his name for employment on compassionate ground under commonly known as 'Dying-in-Harness Rule'.
(2.) In Sushma Gosain v. Union of India, AIR 1989 SC 1976. Hon'ble Supreme Court observed as follows:- "We consider that it must be stated unequivocally that in all claims for appointment on compassionate grounds there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread-earner in the family. Such appointment should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such case pending for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant".
(3.) The above quoted observation was relied upon by Hon'ble Supreme Court in Phoolwati v. Union of India, AIR 1991 SC 73.;