Priyanka Ghosh vs Union Of India & Ors
2022 Latest Caselaw 2516 Cal

04.05.2022           IN THE HIGH COURT AT CALCUTTA
Sl. No.6           CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE


                           WPA 6129 of 2022

                            Priyanka Ghosh
                                  Vs.
                          Union of India & Ors.


                  Mr. Baidurya Ghosal,
                  Ms. Sweta Bhatta
                                             ....for the petitioner.

                  Mr. Subrata Kumar Sinha
                             ....for the respondent nos.2, 3 & 4.

Affidavit of service filed in Court today is taken

on record.

After considering the judgment in Secretary to

Government, Department of Education (Primary) and

Others Vs. Bheemesh Alias Bheemappa, reported in

2021 SCC Online SC 1264 = AIR 2022 SC 402, I find

that the law as prevalent now is to consider the

application for compassionate appointment in respect

of the scheme, if any, of the employer prevailing on

the date of death of the employee. The petitioner has,

however, cited a judgment and order dated 13th April,

2022 passed in FMA 1266 of 2021 (The Chief

Manager [HR] Bangiya Gramin Vikash Bank & Ors.

Vs. The Union of India & Anr.) to persuade the Court

that the scheme as on the date of application should

be taken into account.

In view of this position, the State Bank of India,

the employer, being the respondent nos.2, 3 and 4 are

directed to file a report in the form of an affidavit

stating as to whether any scheme was prevalent on

the date of death of the employee concerned as also

the scheme prevalent on the date when the petitioner

made an application seeking appointment on

compassionate ground.

The said report be filed by 13th May, 2022.

Exception, if any, to the report by the petitioner by

18th May, 2022.

Let this matter appear on 19th May, 2022 under

the heading "For Orders".

(Arindam Mukherjee, J.)