Moumita Mondal vs The State Of West Bengal & Ors
2022 Latest Caselaw 7617 Cal

   73.
17.11.2022
   S.D.

                                   W.P.A. 19287 of 2022

                                     Moumita Mondal
                                            Vs.
                              The State of West Bengal & Ors.

                  Mr. Moniruzzaman
                  Mr. Debashis Saha                ..For the Petitioner

                  Mr. Supriya Chattopadhyay
                  Ms. Sayantanee Bhattacharya
                                ...For the Respondent Nos. 5 & 6

Mr. Tapan Kumar Mukherjee, Sr. Adv., Ms. Debdooti Dutta ...For the State

In furtherance to the order dated September 8, 2022,

this Court directs the respondent no. 4 being the West Bengal

State Agricultural Marketing Board to file report through its

Secretary on the issue whether a married daughter of a

deceased employee can be considered for being appointed on

compassionate ground after considering the decision

reported in 2017 (4) CHN (Cal) 362 (State of West Bengal vs.

Purnima Das) which is a Three Bench judgment of this

Hon'ble Court.

The report filed on behalf of the District Magistrate,

Purba Burdwan is retained with the records.

This Court has been made aware of the Schemes that

were applicable at the time of the death of the deceased

employee vide Employment Notification No. 97-Emp of June

6, 2005 and also Employment Notification No. 251 of

December 3, 2013 issued by the Labour Department,

Government of West Bengal.

Mr. Mukherjee, learned Additional Government

Pleader relied on a judgment passed by the Apex Court of

India in Civil Appeal No. 6938 of 2022 (The State of

Maharashtra and Anr. Vs. Ms. Madhuri Maruti Vidhate) for

the proposition that married daughters are not entitled to

compassionate appointment because compassionate

appointment is "concession" and not "right".

The issue that has to be clarified in the report is

whether a married daughter who is dependant of the

deceased employee can be considered for compassionate

appointment in the light of Three Bench judgment of this

Hon'ble Court.

Let such affidavit be filed by December 8, 2022.

Exception, if any, be filed by December 15, 2022.

Let the matter appear for further consideration in the

Combined Monthly List of January 2023 under the same

heading "Motion".

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Lapita Banerji, J.)