Suman Tiwari & Another vs Union Of India & Others
2023 Latest Caselaw 7402 Cal

17.11.2023
 rpan/02
                             WPCT 197 of 2023
                           Suman Tiwari & Another
                                  - Versus -
                           Union of India & Others

                             Mr. Gokul Chandra Chakraborty
                                             ... for the Petitioners.
                             Mr. Asok Kumar Chakrabarti, Ld. ASG,
                             Ms. Sarda Sha
                                        ... for the Respondents.

The present writ petition has been preferred

challenging an order dated 17th November, 2022 passed by

the learned Tribunal in an original application, being O.A.

350/950/2022.

Mr. Chakraborty, learned advocate appearing for the

petitioners submits that as the claim for compassionate

appointment of the petitioner no.1 was not considered, the

petitioners were compelled to approach the learned

Tribunal by filing an original application, being O.A.

350/01570/2016. The same was disposed of by an order

dated 14th January, 2021 granting liberty to the

applicant/petitioner no.1 to prefer a comprehensive

representation and the respondent authority was directed

to examine the same in the light of the applicable

guidelines that prevailed during expiry of the father of the

petitioner no.1 and to pass a reasoned order. Pursuant

thereto, the respondent no.3 passed an order on 25 th June,

2021 without examining the applicability of the relevant

guidelines. The said order is, thus, ex facie violative of the

directions contained in the order passed by the learned

Tribunal on 14th January, 2021. Such argument, as

advanced in the original application filed challenging the

order dated 25th June, 2021, was not considered and the

claim of the petitioner no.1 was rejected by a cryptic order.

He submits that an identical issue came up for

consideration before a co-ordinate Bench of this Court in

WPCT 105 of 2023 and the said writ petition was allowed

by a judgment delivered on 1 st August, 2023. Let a copy of

the same, as produced, be kept on record.

Mr. Chakrabarti, learned Additional Solicitor General

appearing for the respondents denies the contention of the

petitioners and submits that considering all the factual

issues, the learned Tribunal arrived at specific findings

and there is no infirmity in the order impugned.

However, he has not been able to produce before us

the guidelines on the basis of which the claim of the

petitioner no.1 was considered.

Upon hearing the learned advocates and considering

the materials on record, we are of the opinion that the

matter needs to be decided upon exchange of affidavits.

Accordingly, the respondents are directed to file their

affidavit-in-opposition within a period of two weeks from

date annexing the guidelines applicable in respect of the

petitioner no.1. The petitioners would be at liberty to use

an affidavit-in-reply to the same within a week thereafter.

List the matter for final hearing in the daily

supplementary list of this Court on 18th December, 2023.

(V. M. Velumani, J.) (Tapabrata Chakraborty, J.)