Srimanti Oraw @ Simanti Oraw vs The State Of West Bengal & Ors
2022 Latest Caselaw 1913 Cal

21. 08.04.2022 Ct. No.06 Tanmoy

IA No: C.A.N. 2 of 2022

Srimanti Oraw @ Simanti Oraw

-Versus-

The State of West Bengal & Ors.

In

F.M.A. 1274 of 2021 (M.A.T. 1072 of 2021)

Mr. Upendra Roy, Adv., Mr. Uttam Banerjee, Adv., Mr. Arunesh Pathak, Adv.

...for the appellant.

Mr. Biswabrata Basu Mallick, Adv., Mr. Sanjib Das, Adv.

...for the State.

Affidavit of service filed in Court today, be kept

with the records.

This is an application for modification of a

judgment and order dated January 20, 2022, whereby

this Bench dismissed the appeal affirming the decision

of the learned Single Judge not to accord the benefit of

compassionate appointment to the writ petitioner.

Mr. Upendra Roy, learned advocate, has come up

with this application captioning the same, as a

"modification/alteration" application to urge that in the

said judgment dated January 20, 2022 it was glossed

over that the petitioner made her first application for

compassionate appointment in the year 2007.

We have perused the application as annexed to

this application. It appears that the father of the

petitioner died in the year 1999 and at that point of

time, the applicant was aged about eleven years. After

attaining her majority, the said application for

compassionate appointment was made in the year 2007.

Even if we consider the said application to be the

first application, the petitioner does not qualify to be

appointed on compassionate ground since the same was

made eight long years after the death of her father. Such

belated application is against the spirit of providing

immediate financial assistance to the family of the

deceased employee.

In that view of the matter, we find no merit in this

application. Accordingly, the application being IA No:

C.A.N. 2 of 2022 in F.M.A. 1274 of 2021 is dismissed.

Let urgent photostat certified copies of this order,

if applied for, be supplied to the parties upon compliance

with all the necessary formalities.

(Kausik Chanda, J.) (Arijit Banerjee, J.)