07.08.2026 13 sdas WPA 18421 of 2026 Manasi Bose (Kar Sarkar) Vs. The State of West Bengal & Ors. Mr. Anjan Bhattacharya Ms. Amita Shaw Ms. Seema Thakur .….. for the petitioner Ms. Amrita Pandey Ms. Shetparna Ray ……for the State 1. Let affidavit-of-service, as filed in Court, be kept on record. 2. The petitioner is aggrieved that her application for compassionate appointment on the death of her father has not been considered by the concerned authorities. 3. The petitioner’s father was an employee under the Block Development Officer, Debra Development Block at Balichak, District –Paschim Medinipur. He expired sometime in February, 2013. 4. It is not in dispute nor has it been suppressed by the petitioner that on the date of death of her father in February, 2013, she was married. 5. It is in this situation that she had applied and a Three-Man Enquiry Committee had been formed who had duly conducted an investigation and had opined that the petitioner was staying with her mother, who 2 was severely ill and she was looking after her mother. In fact, all other daughters of the deceased employee demanded and/or acquiesced to the appointment of the petitioner in the place and stead of their father, on compassionate ground. 6. This investigation was completed and report was filed in February, 2015. The authorities, for twelve years, did not respond to such application. It was only by the reasoned order of October 9, 2025, that the authorities proceeded to reject the application of the petitioner solely on the ground that the petitioner was a married daughter on the date of death of the employee in February, 2013. 7. Clearly, the concerned authority had not taken into consideration the decision of a Special Bench of this Hon’ble Court in FMA 1277 of 2015 (State of West Bengal & Ors. Vs. Purnima Das & Ors.) where it has been held, in no uncertain terms and unequivocally, that a married daughter is also entitled to compassionate appointment once she has fulfilled the criteria stipulated in the concerned Notification. In fact, the offending provision of the Notification dated April 2, 2008, “the adjective unmarried before daughter” was struck down as being violative of the Constitution of India. 8. The concerned authority has also failed to consider the decision of this Hon’ble Court in WPST 3 80 of 2022 (Antara Banerjee vs. State of West Bengal & Ors.) where it has clearly stipulated that once the Committee has given a finding and the eligibility criteria as stipulated in paragraph 6 of the scheme is found to be fulfilled by such Committee, the recommendation has to be made unless there are incriminating materials found by the authority. 9. There is absolutely nothing on record, to show that there was any incriminating material considered or found to disallow the application of the petitioner for compassionate appointment. 10. In fact, the Memorandum No. 4791–F(P) dated June 8, 2012, is also clear and unequivocal that the term “family” for the purpose of Rule 168B of the West Bengal Service Rules, Part-I, shall mean and include amongst others, under Serial No. 7 “married daughters”. The decisions of this Hon’ble Court in Purnima Das (supra) and Antara Banerjee (supra) are clear and leave no place for any doubt. 11. In the circumstances aforestated, and in line with the decision of this Hon’ble Court, the reasoned order of October 9, 2025, cannot be sustained and is accordingly set aside. 12. The authorities will proceed to immediately grant compassionate appointment to the petitioner by October 31, 2026. 4 13. With the aforestated directions, the writ petition is disposed of. 14. There will be no order as to costs. 15. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (Reetobroto Kumar Mitra, J.)