Dismissed¶14

Parijat Pramanik v. State of West Bengal and Ors.

Calcutta HC10 Jun 2025WPA/10086/2025

Case brief

AI extract

What is this about?

Compassionate appointment; Nadia District Primary School Council; DPSC Nadia; Chairman's refusal order dated 16th March 2009; mother's death 9th June 2000; 16-year delay in approaching the Court; no immediate financial hardship; bread-earner; minor candidate's right cannot be preserved till majority unless scheme provides; writ petition dismissed; no relief granted; W.P.A. 10086 of 2025; State of West Bengal; Saugata Bhattacharyya, J.

What did the court decide?

This Court finds no infirmity in the order dated 16th March, 2009 issued by the Chairman, Nadia District Primary School Council. ¶10

Parijat Pramanik Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶14

Issue for consideration

Whether the petitioner is entitled to any relief in respect of appointment on compassionate ground, her prayer having been spurned by order dated 16th March, 2009 after her mother's death on 9th June, 2000, given that the writ petition was presented about 16 years later and she was a minor at the time of her mother's death.

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Court's answer

This Court finds no infirmity in the order dated 16th March, 2009 issued by the Chairman, Nadia District Primary School Council.

¶10

Ratio / Principle

The object of providing compassionate appointment is to eradicate immediate financial hardship due to untimely death of the bread-earner, as rightly observed by the Chairman.

¶10

Key takeaways

The refusal order of 16th March, 2009 was challenged by presenting this writ petition precisely after 16 years; delay in approaching the Court seeking appointment on compassionate ground shows that there was no immediate financial assistance required to tide over financial constraints.ratio¶12
At the time of her mother's death on 9th June, 2000 the petitioner was a minor; the right of a minor candidate cannot be preserved for appointment on compassionate ground till such candidate attains majority, unless provision to that effect exists in the scheme of appointment on compassionate ground.ratio¶12

Detailed headnote1 paragraphs

Calcutta High Court (Saugata Bhattacharyya, J.), W.P.A. 10086 of 2025 — Parijat Pramanik v. State of West Bengal & Ors.: Writ petition dismissed. The petitioner challenged the order dated 16th March, 2009 of the Chairman, Nadia District Primary School Council refusing her prayer for compassionate appointment following her mother's death on 9th June, 2000, the writ petition being presented about 16 years after the refusal. The Court found no infirmity in the refusal order: the object of compassionate appointment is to eradicate immediate financial hardship arising from the untimely death of the bread-earner; the long delay in approaching the Court demonstrated that no immediate financial assistance was required; and, the petitioner having been a minor when her mother died, the right of a minor candidate cannot be preserved for compassionate appointment till majority unless the scheme so provides. No relief granted; urgent photostat certified copy to be supplied on requisite formalities.

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D/L - 18 10/06/2025 Court. No. 18 S. Kundu

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W.P.A. 10086 of 2025

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Parijat Pramanik Vs.

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State of West Bengal & Ors.

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Mr. Lalratan Mondal Mr. Arindam Chattopadhyay Mr. S.P. Lahiri Mr. Sanjay Mukherjee

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…for the petitioner. …for the DPSC, Nadia.

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…for the State.

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Affidavit of service filed on behalf of the petitioner is taken on record.

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By presenting the writ petition challenge has been thrown to the order of the Chairman, Nadia District Primary School Council dated 16^th March, 2009 whereby prayer of the petitioner for being appointed on compassionate ground due to death of her mother on 9^th June, 2000 was spurned.

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On perusal of the order dated 16^th March, 2009 issued by the Chairman, Nadia District Primary School Council, this Court does not find infirmity. Since it has been rightly observed by the Chairman that object of providing compassionate appointment is to eradicate immediate financial hardship due to untimely death of bread-earner. In the present case, mother of the petitioner died on 9^th June, 2000 and prayer for

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¶12

appointment on compassionate ground was refused vide order dated 16^th March, 2009 which has been challenged by presenting this writ petition precisely after 16 years. Delay in approaching the Court seeking appointment on compassionate ground goes to show that there was no immediate financial assistance required to tide over financial constraints. Moreover, at the time of death of mother of the petitioner on 9^th June, 2000, the petitioner was minor and right of a minor candidate cannot be preserved for appointment on compassionate ground till such candidate attains majority unless the same is provided in the scheme of appointment on compassionate ground.

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Hence, no relief can be granted to the petitioner.

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Writ petition stands dismissed.

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Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

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(Saugata Bhattacharyya, J.)

Parijat Pramanik v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Parijat Pramanik v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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