Calcutta High Court (Appellete Side)
Samrat Das vs The State Of West Bengal & Ors on 21 August, 2023
16.
21.8.2023
S.D.
W.P.A. 18883 of 2023
Samrat Das
Vs.
The State of West Bengal & Ors.
Mr. Balailal Sahoo
Mr. Amalaksha Jana
Ms. Barnali Jana
..For the Petitioner
Mr. Jaladhi Das
...For the State
Mr. Niladri Bhattacharjee
Ms. Angana Dutta
...For the Corporation
By an order dated February 28, 2023 passed in W.P.A.
19372 of 2022, this Court directed the authorities concerned to
consider and dispose of the representation of the petitioner by
taking into consideration the 2011 Scheme that was applicable
on the date of death of the petitioner's father. The authorities
concerned were clearly aware of the fact that the Notification
dated December 3, 2013 cannot be relied upon for frustrating
the claim of the petitioner. This Court held that the
petitioner's vested right crystallized on the date of death of the
deceased employee, to be considered for appointment on
compassionate ground.
A reasoned order passed pursuant to the order passed
by this Court on February 28, 2023. Such reasoned order
dated May 29, 2023 is impugned in the present writ petition.
The Managing Director (MB), WBTCL sought to
circumvent the order passed by this Court by holding that the
Scheme of 2011 has been superseded by the Notification dated
December 3, 2013. He held that the Policy of 2011 became non
est. Therefore, even if the application of the petitioner was
being considered by the Corporation, the same cannot cause
accrual of the vested right in favour of the applicant. This
Court finds it perplexing that the Managing Director, WBTCL
sought to sit in appeal over a decision passed by this Court in
its high Prerogative writ jurisdiction.
Considering the submissions made by the parties and
the materials placed on record, this Court is of the view that
justice will be sub-served by directing the Managing Director
to file a Report-on-Affidavit as to why and how he chose to sit
in Appeal over a judgment/order passed by this Court. The
Supreme Court of India has repeatedly reiterated that while
considering a prayer for compassionate appointment, the
applicable Policy/Scheme is the one that was prevailing on the
date of death of the deceased employee and not any other
subsequent Policy. Despite such view of the Apex Court, the
Managing Director has sought to hold that the 2011 Policy is
not non est in the eye of law.
The Managing Director, further sought to proceed with
the fact that since there was already a huge burden of
unproductive employees on the Corporation, the petitioner's
prayer for compassionate appointment cannot be considered.
In the Report-on-Affidavit, the Managing Director shall
explain how many employees have been recruited/engaged in
Group - 'C' and Group-'D' category of the Corporation since
the date of death of the petitioner's father on April 16, 2011.
Let such Report-on-Affidavit be filed by September 15,
2023. Exception, if any, be filed by September 22, 2023.
Let the matter appear for further consideration under
the same heading "Motion" on September 25, 2023.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
(Lapita Banerji, J.)
