If a Govt Employee dies even a day before 60, dependents are eligible for compassionate job
In an important decision, the Calcutta High Court clarified that if a government employee dies a day before turning 60, they will be considered to have passed away while still under 60. This interpretation makes their dependent eligible for a job under the compassionate appointment scheme.
Case Background
The case involved a petitioner who applied for a compassionate appointment at a secondary school after his father passed away. His father was born on January 2, 1961, and would have officially turned 60 on January 2, 2021. Unfortunately, he passed away on January 1, 2021, just a day before reaching his 60th birthday.
The petitioner’s application for a compassionate job was rejected by the authorities, who argued that his father had already reached the age of 60 on the day of his death. They cited Schedule V of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules, 2009 (referred to as the 2009 Rules), which states that a person who has completed 60 years is not eligible for compassionate appointment benefits.
Petitioner’s Argument
The petitioner challenged this decision, claiming that since his father was born on January 2, 1961, he technically had not completed 60 years of age on January 1, 2021. According to the petitioner, his father’s 60th birthday would have been on January 2, 2021, and therefore, at the time of his death, he was still 59 years old.
The petitioner also referred to Rules 18 and 20 of the West Bengal Primary School Teachers Recruitment Rules, 2016 (referred to as the 2016 Rules), which consider financial hardship and define eligible family members for compassionate appointment. He argued that based on these rules, his case should be reconsidered.
Respondent’s Argument
The authorities, however, stuck to their interpretation, claiming that according to Schedule V of the 2009 Rules, his father had already reached the age of 60 on January 1, 2021, and was therefore not eligible for compassionate appointment benefits. They also pointed out that the superannuation date (retirement date) for the petitioner’s father was set as January 31, 2021.
Court’s Decision and Reasoning
After reviewing the case, the Calcutta High Court ruled in favor of the petitioner. The court observed that the petitioner’s father passed away at the age of 59 years, 11 months, and 29 days — just one day before completing 60 years. Since he had not yet reached his 60th birthday, he was legally considered “under 60” at the time of his death.
The court explained that if the petitioner’s father had died on January 2, 2021 (after completing 60 years), the petitioner would not have been eligible for compassionate appointment. But because he passed away one day earlier, he was technically under 60, which made his dependent eligible for consideration.
Outcome
The court set aside the memo dated February 5, 2024, which had rejected the petitioner’s application. It directed that the petitioner’s application for compassionate appointment be reconsidered, given that his father had passed away while still under 60.
Key Takeaways
- Compassionate Appointment Rules: Compassionate appointments are meant to help the family of a deceased government employee facing financial hardship.
- Age Criteria Clarified: If an employee dies even a day before their 60th birthday, they are considered to have died “under 60,” making their dependent eligible for benefits.
- Legal Interpretation: The court emphasized the importance of carefully considering the exact date of birth and date of death in compassionate appointment cases.
Conclusion
This ruling provides clarity on how age is calculated for compassionate appointment eligibility. It reinforces the principle that even a single day can make a significant difference when it comes to legal interpretations of age and eligibility.
