Lalita Devi vs West Bengal State Electricity ...
2023 Latest Caselaw 6992 Cal

     11.10.23
07   Ct. No.25
        Sws.M
                            WPA 23388 of 2023
                                 Lalita Devi
                                     vs.
                  West Bengal State Electricity Distribution
                         Company Limited & Ors.

                     Mr. Sankha Subhra Ray
                                                              ...for the petitioner
                     Mr. Sujit Sankar Koley
                                                           ...for the respondents

The petitioner's father died-in-harness on

January 27, 2010. The prayer of the petitioner is two

fold :-

(a) compassionate appointment in place and

stead of his father and

(b) payment of gratuity dues along with

interest.

Mr. Ray, learned counsel appearing on behalf

of the petitioner submits that the prayers of

the petitioner should be considered

sympathetically.

Mr. Koley, learned counsel appearing on behalf

of the West Bengal State Electricity Distribution

Company Limited (WBSEDCL) submits that the

petitioner approached the authorities belatedly and

therefore the prayer for compassionate appointment

cannot be considered. Furthermore, the petitioner

was over the cut off age of 30 years and therefore

even on merits his case could not be considered.

Considering the rival submissions of the

parties and the materials placed on records, this

Court is of the view that a belated prayer for

compassionate is not maintainable. The reason for

granting compassionate appointment is to provide

immediate succor to the bereaved family due to the

financial stringency that may arise due to the

sudden death of the earning member of the family. A

beneficial reference may be made to the Apex Court's

judgment reported in 2023 SCC OnLine SC 219

(State of West Bengal vs. Debabrata Tewari).

Therefore, the prayer of the petitioner made after 5

years from the date of death of the deceased

employee cannot be considered.

As far as the gratuity dues of the petitioner's

father are concerned Mr. Koley permitted to bring

necessary instructions on record as to the quantum

of gratuity and also reason for delay of such

payment, on the adjourned date of hearing.

Let the matter appear for further consideration

under the same heading 'Motion' on December 11,

2023.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J)