Shantanu Basu vs The West Bengal State Electricity
2023 Latest Caselaw 2150 Cal

30.03.2023            IN THE HIGH COURT AT CALCUTTA
   DL-81             CONSTITUTIONAL WRIT JURISDICTION
   (PP)                    APPELLATE SIDE
                             WPA 2218 of 2023

                            Shantanu Basu
                                  Vs.
                    The West Bengal State Electricity
                   Distribution Company Limited & Ors.


                    Mr. Debasish Kundu,
                    Mr. Souma Subhra Ray,
                    Ms. Susmita Mondal
                                                     ....for the petitioner.

                    Mr. Supriyo Chattopadhyay
                               ....for the respondents/WBSEDCL.

Report on affidavit and exception thereto as

handed over in Court today are retained with the

records.

The petitioner's father died-in-harness on

February 2, 2022 while working as a Technical

Support Hand with the West Bengal State Electricity

Distribution Company Limited (WBSEDCL). The

grievance of the petitioner is that despite the fact that

his father died-in-harness, his prayer for

compassionate appointment has not been considered

till date.

Mr. Kundu, learned counsel appears on behalf

of the petitioner and submits that the order of

rejection passed by the Manager (HR & A) dated

September 8, 2022 is only on the ground of the

petitioner being over-aged. However, as per the

recruitment policy of WBSEDCL the dependant of a

deceased employee who may be eligible for

appointment on compassionate ground may be

offered employment "with relaxation" of age and

qualification.

Mr. Chattopadhyay, learned counsel appearing

on behalf of WBSEDCL draws the attention of this

Court to Clause 6 (f) of the Recruitment Policy - 2010.

He submits that only a case of dependent family

member can be considered for appointment on

compassionate ground in the event the

predecessor/breadwinner of the family died while

performing a job in any electrical installation of the

company due to an accident but directly in course of

discharging his official functions. The undisputed

facts of this case are that the petitioner's father died-

in-harness due to heart attack and not due to any

accident caused while performing any job in electrical

installation of the company.

Considering the rival submissions of the parties

and the materials placed on record, this Court is of

the view that the petitioner's father died-in-harness

due to heart attack. Even though he was discharging

his official functions, his death was not caused by

any accident during the performance of his job in any

electrical installation of the company.

Therefore, there was no applicable scheme or

policy of the employer/WBSEDCL to consider the

appointment of the petitioner on compassionate

ground on the date of death of the petitioner's father.

This view of the Court finds support in a judgment of

the Apex Court reported in (2020) 10 SCC 496 (State

of Madhya Pradesh and Others vs. Amit Shrivas).

In the circumstances hereinabove, WPA 2218 of

2023 is dismissed.

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.)