Shaibal Pradhan vs Union Of India & Ors
2021 Latest Caselaw 5216 Cal

28.09.2021              IN THE HIGH COURT AT CALCUTTA
Sl. No.22              CONSTITUTIONAL WRIT JURISDICTION
  (PP)                       APPELLATE SIDE
                          (Via Video Conference)

                            WPA 14130 of 2021

                             Shaibal Pradhan
                                   Vs.
                           Union of India & Ors.

                     Mr. Soumen Dutta,
                     Mr. Sabyasachi Bhattacharjee,
                     Mr. Subhadeep chatterjee
                                             ....for the petitioner.

                     Mr. Susanta Kr. Gangopadhyay
                                          ....for the respondents.

Affidavit of service filed in Court is taken on record.

The petitioner's father died-in-harness on 30th October, 2015 while working in the Government Press at Temple Street, Kolkata. The petitioner's mother made a request to the employer for giving compassionate appointment to his son, the petitioner. The petitioner subsequently made an application for giving him appointment on compassionate ground. The application was processed, but no appointment was given to the petitioner since Government Press was going through a merger and there were no vacancies for giving the petitioner an appointment on compassionate ground. The petitioner was, however, assured that his name is empanelled and will be considered with other applicants under compassionate appointment. In such circumstances, the petitioner approached this Court by filing a writ petition, being WP 12867 (W) of 2019 which was disposed of by a judgment and order dated 18th July, 2019. The petitioner says that the issue of giving

compassionate appointment was kept pending since the Government Press was under a process of merger/modernisation. Even after elapse of more than two years from the date of passing of the order dated 18th July, 2019, no appointment has been given to the petitioner on compassionate ground. The petitioner, therefor, is seeking a mandatory order for grant of compassionate appointment.

After considering the submissions made by the petitioner and the respondents as also the materials on record, I find that there is no scope of passing any interim order at this stage in the matter. The matter requires to be heard after affording the respondents an opportunity to disclose their stand on affidavits.

Let affidavit-in-opposition be filed within 10th November, 2021. Reply, if any, thereto be filed by 24th November, 2021.

The parties will be at liberty to mention the matter for inclusion in the list under the heading "Hearing" after completion of affidavits or on expiry of the time provided in this order for filing of affidavits, if no affidavits are filed.

(Arindam Mukherjee, J.)