The State Of West Bengal & Ors vs Sarbojit Mukherjee
2023 Latest Caselaw 3671 Cal

DL-13

06.06.2023
Court No.5                          WP.ST 17 of 2023
(AD)
                             The State of West Bengal & Ors.
                                           Vs.
                                   Sarbojit Mukherjee

                   Ms. Chaitali Bhattacharya
                   Mr. Subhendu Roychoudhury
                                                      ... for the petitioners.

                   Mr. D.N. Chatterjee
                                                      ... for the respondent.

Heard the learned Advocate appearing for the writ

petitioners.

Heard the learned Advocate appearing for the private

respondent.

The writ petition is directed against the order dated

July 19, 2022 passed by the West Bengal Administrative

Tribunal requiring the writ petitioner to reconsider an

application for compassionate appointment filed by the

private respondent afresh.

Court is informed that the private respondent filed an

application for contempt since the impugned order remains

uncomplied with.

Learned Advocate appearing for the writ petitioners

contends that, the application for compassionate

appointment made on behalf of the private respondent were

considered repeatedly and rejected repeatedly. The

authorities relied upon the governing notification with

regard to compassionate appointment at the time of death

of the deceased employee. According to her, the private

respondent is not entitled to compassionate appointment

since the deceased employee did not fall within Rule 2 of the

relevant notification. In other words, the deceased

employee worked in excess of the prescribed period as also

attained an age over the prescribed period. Moreover, there

was no evidence of the family of the deceased to be in

financial doldrums. According to her, reconsideration of the

application for compassionate appointment of the private

respondent would be a futile exercise in view of the existing

notification. She relies upon a Division Bench judgment of

the Coordinate Bench returned on March 15, 2019 in Azim

Gazi vs. The State of West Bengal & Ors. She submits that,

the ratio of the decision of the Hon'ble Supreme Court

referred by the learned Tribunal in the impugned order is

not attracted to the facts and circumstances of the present

case.

Learned Advocate appearing for the private

respondent seeks time to consider the authorities cited at

the bar on behalf of the writ petitioners.

List the writ petition on June 12, 2023 as prayed for.

Since an application for contempt is pending, it would

be appropriate to restrain the private respondent from

proceeding with the contempt application before the

Tribunal till the disposal of the present writ petition.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)