Tapas Fulmali vs The State Of West Bengal & Ors
2022 Latest Caselaw 540 Cal

13. 14.02.2022 Ct. No.06 Tanmoy

F.M.A. 784 of 2019 With IA No: C.A.N. 1 of 2022

Tapas Fulmali

-Versus-

The State of West Bengal & Ors.

(Through Video Conference)

Md. Salauddin, Adv., Md. Ahsanuzzaman, Adv., Md. Rafiuddin, Adv.

...for the appellant.

Mr. Biswabrata Basu Mallik, Adv., Mr. K.M. Hossain, Adv.

..for the State.

The issue is whether or not compassionate

appointment can be granted in a Municipality.

In Debabrata Tiwari & Ors. -Vs.- The State of West

Bengal, the learned Single Judge had held that no such

appointment could be granted because the concerned

Municipality did not have a scheme for compassionate

appointment. The Division Bench reversed the

judgement of the learned Single Judge and granted

compassionate appointment. The State of West Bengal

has carried the matter to the Hon'ble Supreme Court of

India. The matter is pending. The operation of the

judgment of the Division Bench has been stayed by the

Hon'ble Supreme Court.

In the present case, similar point is involved. In

view of the Hon'ble Supreme Court being in seisin of

the aforesaid matter involving the same point, we deem

it appropriate to direct that this matter shall go out of

the list for the time being with liberty to mention.

All parties shall act in terms of the server copies of

this order downloaded from the official website of this

Court.

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