Mallika Desowali @ Mallicka ... vs The State Of West Bengal & Ors
2023 Latest Caselaw 1906 Cal

22.03.2023           IN THE HIGH COURT AT CALCUTTA
   DL-19            CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE

                              WPA 3587 of 2023

                   Mallika Desowali @ Mallicka Desoali
                                Vs.
                    The State of West Bengal & Ors.

                   Mr. Arunava Pati,
                   Mr. S. C. Dhara
                                             ...for the petitioner.
                   Ms. Chaitali Bhattacharya,
                   Mr. Kartik Chandra Kapas
                                                   ....for the State.


                  The       petitioner's   husband       was      engaged

             contractually as a Subject Matter Specialist by the

             Project Director, Agricultural Technology Management

             Agency,    Paschim       Medinipur.        The    petitioner's

             husband died while performance of his duties on

             April 4, 2016.        Thereafter, the petitioner made an

             application     for    appointment    on     compassionate

             ground. Such prayer was not considered by the State

             authorities.


                  Mr. Pati, learned counsel appearing on behalf of

             the petitioner submits that the petitioner is suffering

             from extreme financial constraints after the death of

             her husband.


                  Ms.   Bhattacharya,       learned     Sr.   Govt.   adv.

             appears on behalf of State respondents and submits

that the petitioner's husband was a contractual

employee and there was no policy/guideline/scheme

for appointment of the dependants of contractual

employees.

Considering the rival submissions of the parties

and the materials placed on record, this Court is of

the view that unless there is a scheme/policy/rule for

appointment on compassionate ground of the

dependants of a deceased employee applicable on the

date of death of the deceased employee no prayer for

compassionate appointment can be entertained. Such

view of this Court finds support in the judgment of

State of M. P. Vs. Amit Shrivas reported in (2020)

10 SCC 496. In this case, no scheme or rule is

applicable for compassionate appointment of

contractual workers.

In the light of the discussions above, WPA 3587

of 2023 is dismissed.

Since no affidavits have been called for in the

writ petition, the allegations contained therein are

deemed not to have been admitted by the

respondents.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

Urgent photostat certified copies of this order, if

applied for, be supplied to the parties upon

compliance of all necessary formalities.

(Lapita Banerji, J.)