Rana Bouri vs State Of West Bengal & Ors
2021 Latest Caselaw 123 Cal

11.01.2021
Item No. 06
Ct. No. 04
PG


                             M.A.T. 1231 of 2019
              I.A. No. CAN 1 of 2019 (Old No. CAN 8844 of 2019)
                                     With
              I.A.No. CAN 2 of 2019(Old No. CAN 8845 of 2019)
                            (Via Video Conference)
                                          r




                                     Rana Bouri
                                        Vs.
                            State of West Bengal & Ors.



              Mr. Siddhartha Banerjee.......for appellant

                       Mr. Banerjee, learned advocate appears on

              behalf of appellant and submits, the factual basis of

              impugned judgment, appealed against, is incorrect. In

              impugned judgment dated 14th February, 2020, the

              factual basis has been stated as follows:

                             ".........Here, in this case the application
                     for compassionate appointment has been made
                     after 10 years from the death of the petitioner's
                     father. Thus there was no case of sudden
                     economic crises for the family......."


                        He refers to page 21 in the stay application

              being memo dated 8th April, 2010 issued by District

              Magistrate, Burdwan to the employer on subject,

              application    for   appointment    on   compassionate

              ground. According to him, this was relied upon by

              the first Court as date of application made 10 years

              after date of death of his client's father on 2 nd March,
                      2




2020. He submits, it appears from face of the memo

that it was in reference to application earlier made.

            Respondents go unrepresented though order

sheet reveals, they were on earlier occasion. On query

from Court Mr. Banerjee submits, respondents did

not use affidavit. His client has no document to show

when he applied for compassionate appointment. His

submission, his client applied shortly after his father

died.

Appellant will serve copy of this order on

learned advocates for respondents. Respondents are

required to produce, on affidavit, the application for

compassionate appointment made by appellant. This

affidavit evidence is required for pronouncing

judgment in the appeal. Affidavit must be filed on

adjourned date on advance copy served.

List on 25th January, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)