Sukro Oraw vs The State Of West Bengal & Ors
2023 Latest Caselaw 4401 Cal

20.07.2023 Item No.13 Court No.6.

S. De F.M.A. 270 of 2023 With I.A. No. CAN/1/2023

Sukro Oraw.

Vs The State of West Bengal & Ors.

Mr. Debjyoti Basu, Mr. Chandan Kr. Lal, Mr. Parashar Baidya, ...for the appellant.

Mr. Alak Kr. Ghosh, Mr. Swapan Kr. Debnath, ...for the K.M.C.

This appeal is directed against a judgment and

order dated November 29, 2022, wbereby the

appellant's writ petition being WPA 18698 of 2014 was

dismissed by a learned Single Judge.

The writ petition was directed against an order

of the Deputy Municipal Commissioner (Personnel)

dated August 12, 2013, whereby the claim of the writ

petitioner for appointment on compassionate ground

was rejected on the ground that the writ petitioner's

husband was a casual employee of Kolkata Municipal

Corporation. Being a casual employee's wife, the writ

petitioner was not eligible for compassionate

appointment. The learned Single Judge rejected the

prayer of the writ petitioner. Hence, this appeal.

We are of the view that instead of having

multiple hearings, since there is no scope for passing

any interim order, we should hear out the appeal

itself. Learned advocates for the parties also agree.

Let the appellant file requisite number of

informal paper books incorporating all papers that

were available before the learned Single Judge as also

all papers that are there before us within two weeks

from date (August 3, 2023). All formalities are

dispensed with. Notice of appeal is waived. Once the

paper book is ready, the advocate on record for the

appellant shall supply copies thereof to learned

advocates for Kolkata Municipal Corporation as also to

the State.

List the matter under the heading "Hearing"

fairly at the top three weeks hence.

The application being I.A. No. CAN 1 of 2023 is

disposed of.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)