Munia Rabi Das vs The State Of West Bengal & Ors
2022 Latest Caselaw 2021 Cal

18.04.2022 Item No.28 Court No.6.

S. De M.A.T. 777 of 2019 IA No. CAN/1/2020 IA No. CAN/2/2021

Munia Rabi Das.

Vs The State of West Bengal & Ors.

Mr. Sankar Biswas, Mr. Ezaj Khan, Mr. Debnath Mahata, ...for the appellant.

Mr. Raja Saha, Mr. Biswabrata Basu Mullick, ...for the State.

In re: CAN 1 of 2020

This is an appeal against a judgment and order

dated July 11, 2018 whereby the writ petitioner's

prayer for compassionate appointment in the died in

harness category in a municipality, was rejected.

There is a delay in filing the appeal. Causes shown

being sufficient, the delay is condoned.

CAN 1 of 2020 is, accordingly, disposed of.

In re: CAN 2 of 2021.

The issue involved is whether the legal heirs of

an employee of a municipality who died in harness,

are entitled to compassionate appointment. We are

told that identical point is pending for decision before

the Hon'ble Supreme Court in Special Leave to Appeal

(C) Nos. 12166-12179/2020, being SLPs preferred by

the State of West Bengal against the judgment and

order of a Division Bench of this Court in the case of

Debabrata Tiwari & Ors. In that view of the matter, we

should postpone deciding this appeal till the Hon'ble

Supreme Court pronounces on the issue.

However, in the mean time the State shall be at

liberty to file its opposition to the stay petition within

four weeks from date. Reply, if any thereto be filed

within two weeks thereafter.

Let the matter be listed after eight weeks when

the parties will apprise us about the status of the

matter pending before the Hon'ble Supreme Court.

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