(Ab) vs The State Of West Bengal & Ors
2021 Latest Caselaw 3987 Cal

Court No. 24                    W.P.A. 8578 of 2021
28.07.2021                     (via video conference)
(Item No. 8)
                                   Riddhi Das
(AB)                                   VS
                         The State of West Bengal & Ors.

               Mr. Sayan De
               Mr. Arpan Guha
               Mr. Sayan Kanjilal
                                   ........... For the petitioner
               Mr. Swapan Kumar Dutta
               Mr. Sambuddha Dutta
                            ....... For the respondent Nos. 4 & 5

Ms. Nandini Mitra ....... For the University Mr. Rama Prasad Sarkar ..... for the State

The petitioner prays for compassionate

appointment. The day when the employee died the

college was affiliated to the West Bengal State

University. The said University does not have a

scheme for providing appointment on compassionate

ground in the died-in-harness category.

The appointment on compassionate ground

ought not to be granted in the absence of a scheme.

As there is no scheme of the University, accordingly

no direction can be passed upon the University for

consideration of her prayer.

The petitioner tries to convince the Court

relying upon an unreported order dated 10th

February, 2021 passed by the Hon'ble Division Bench

of this Court in MAT 375 of 2020 with IA No. CAN 1 of

2020 (Smt. Sumona Roy nee Saha Vs. the State of

West Bengal & Ors.) wherein the Court was pleased to

dispose of the appeal by permitting the college

authority to seek a recommendation from the College

Service Commission with regard to the consideration

of the candidature of the writ petitioner for any group

- 'D' post of the college where petitioner's father was

working upon age relaxation when the recruitment of

group 'D' post will be initiated by the said college

along with other candidates. The aforesaid direction

has been passed in view of the peculiar circumstances

of the said case.

The learned advocate representing the State

respondents relies upon an unreported judgment

dated 4th February, 2019 passed by the Hon'ble

Division Bench of this Court in WPST 35 of 2018

(Arindam Chowdhury & Anr. Vs. the State of West

Bengal & Ors.) wherein the Court held that in the

absence of any provision in the statutory notifications

creating any source of legal right in favour of the

petitioner to claim compassionate appointment, the

relief sought for cannot be granted.

It is settled law that appointment on

compassionate ground cannot be claimed as a matter

of right which necessarily flows from the scheme. In

the absence of any scheme permitting appointment in

the died-in-harness category this Court is not in a

position to grant any relief to the petitioner. Moreover

there is no peculiarity in the facts and circumstances

of the instant case requiring following the dictum of

this Court in the matter of Smt. Sumona Roy nee

Saha (supra).

Accordingly, the writ petition stands

dismissed.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties upon

completion of usual legal formalities.

(Amrita Sinha, J.)