Sri Gopal Das vs The State Of West Bengal & Ors
2022 Latest Caselaw 565 Cal

BR   15.02.2022   .
04
                                 In the High Court at Calcutta
                                Constitutional Writ Jurisdiction
                                        Appellate Side


                                        WPA 130 of 2022

                                           Sri Gopal Das
                                               - vs-
                                      The State of West Bengal & Ors.
                                       (Via Video Conference )

                               Mr. Kamal Kanta Kar

                                      .... For the petitioner

                             Ms. Chaitali Bhattacharya,
                             Ms. Sanjukta Samanta
                                                .... For the State

                            Affidavit of service filed in Court today is taken on

                  record.

                            The petitioner is the son of Gurupada Das and a

                  State Government employee. The said Gurupada Das

                  while serving at Kuemeri Irrigation Sub-division under

                  Joynagar Irrigation Department died in harness on 26 th

                  October, 2009 . The said Gurupada Das according to the

                  petitioner left behind his wife Smt. Kalpana Das and the

                  petitioner as his legal heirs and /or representative. The

                  petitioner has made a representation on 27 th November,

                  2018 for granting a job to the petitioner               under

                  compassionate appointment category which according to

                  the petitioner has not been disposed of.

                      On behalf of the respondents , it is submitted that the

petitioner's father died on 26 th October, 2009, a previous

application for compassionate appointment was made by

the petitioner's mother being the wife of the deceased

employee. In the said application by the wife of the

deceased there were certain discrepancies as to the

educational qualification of the wife and as such the

same was kept pending. The subsequent application by

the petitioner made on 27th November, 2018 has been

rejected.

Compassionate appointment is given not as a matter

of right but in terms of the policy in vogue of the employer

to assist the bereaved family to tide over the sudden

financial crisis arising out of the death of the bread

earners in the family. By a catena of judgment the legal

position as to the grant of compassionate appointment

and the parameters to be considered for the same has

now been settled.

In the aforesaid facts and circumstance, I find

justice will be sub-served if the petitioner's representation

is considered afresh by the respondent no 2 and disposed

of by a reasoned order within a period of three months

from date after affording the petitioner a reasonable

opportunity to represent his case. The reasoned order

shall be communicated to the petitioner immediately on

the same being passed.

I have not gone into the merits of the case. All

points are kept open and the respondent no. 2 shall be

free to take his own decision without being influenced in

any manner by the instant order.

Nothing further remains to be adjudicated in this

writ petition. The same is disposed of accordingly without

any order as to costs.

Since I have not called for any affidavits, allegations

made in the writ petition are deemed to have not been

admitted by the respondents.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

necessary formalities.

( Arindam Mukherjee, J. )