Diprodeep Chakraborty vs The State Of West Bengal & Ors
2023 Latest Caselaw 2608 Cal

     17.04.23
07   Ct. No.25
      Sws.M
                                           WPA 6029 of 2023


                                        Diprodeep Chakraborty
                                                  Vs.
                                    The State of West Bengal & Ors.


                          Mr. Supratick Syamal
                          Ms. Minakshi Majumder
                                                      ....for the petitioner

                          Mr. Amal Kumar Sen
                          Mr. Sabyasachi Mondal
                                           .....for the CSTC

                          Ms. Chaitali Bhattacharya
                          Mr. Mrinal Kanti Biswas
                                             .....for the State


                          The     petitioner's   father    died-in-harness   on

                 February 21, 2012 as an employee of Calcutta State

                 Transport Corporation (CSTC). The petitioner was

                 called     for    an   appearance        before   the   Enquiry

                 Committee by an office order date October 14, 2014.

                 Thereafter, no steps have been taken for consideration

                 of   the       petitioner's     prayer    for     compassionate

                 appointment.

                          The petitioner's grievance is that his mother

                 receives only a meager amount of Rs.2051/- as family

                 pension and as such it is not sufficient to maintain

                 themselves with that amount. The petitioner made a

                 representation on March 21, 2022 for redressal of his

                 grievance and consideration of his appointment on

                 compassionate grounds.
                 2




      Mr. Sen, learned Additional Government Pleader

appearing on behalf of the CSTC submits that there

was no scheme for appointment on compassionate

ground at the time of death of the petitioner's father.

Furthermore, the petitioner's claim is a stale one.

      Ms. Bhattacharya, learned Senior Government

Advocate appears on behalf of the State-respondents.

Considering the submissions of the parties and

materials placed on records this Court finds that there

is absolutely no communication between the petitioner

and the employers/CSTC between October 2014 and

March 2022.

Almost after 8 years the petitioner has prayed

for consideration of his representation for appointment

on compassionate grounds. The reason for giving

compassionate appointment to any member of a

deceased employee is to provide succour to tide over

the immediate financial crisis that the

dependents/family members of a deceased employee

may suffer due to sudden death of the bread winner of

the family. However, no claim can be considered for

compassionate appointment when there is a

significant lapse in time between the death of the

deceased employee and the prayer for consideration of

the representation. A significant lapse of time defeats

the prayer for consideration of appointment on

compassionate ground. Such view has been taken by

the Apex Court in a recent judgment passed on March

3, 2023 in Civil Appeal Nos. 8842-8855 of 2022 (The

State of West Bengal vs. Debabrata Tiwari).

In the light of the discussions above WPA 6029

of 2023 is dismissed.

Since no affidavits have been directed to be

exchanged in the present writ petition, all the

allegations contained therein are deemed not to have

been admitted by the parties.

All parties to act on a server copy of this order

downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if

applied for, be supplied to the parties, subject to

compliance with all requisite formalities.

(Lapita Banerji, J)