Arjun Ram (Das) vs The State Of West Bengal & Ors
2023 Latest Caselaw 6993 Cal

     11.10.23
09   Ct. No.25
        Sws.M
                                 WPA 23458 of 2023
                               Arjun Ram (Das)
                                     vs.
                       The State of West Bengal & Ors.

                     Mr. Mahammad Mahmud
                                                        ...for the petitioner
                     Mr. Sujit Sankar Koley
                                                     ...for the respondents

The petitioner prays for compassionate

appointment in place and stead of his father who

was an employee of the West Bengal State Electricity

Distribution Company Limited (WBSEDCL).

Admittedly, the petitioner made a prayer for

compassionate appointment on June 30, 2017, when

his father died-in-harness in 2002.

Thereafter, a recommendation was made by

the Assistant Manager ( H.R & A) on April 9, 2018 to

the Assistant Manager E.S. & E.R of WBSEDCL.

Again there was no communication between

the parties. The petitioner subsequently made a

representation dated July 15, 2022 for consideration

of his prayer for compassionate appointment.

Mr. Koley, learned counsel appearing on behalf

of the WBSEDCL submits that the prayer of the

petitioner cannot be considered due to the inordinate

delay in filing such application for compassionate

appointment.

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 arises out 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 15 years from the date of

death of the deceased employee cannot be

considered. Accordingly, WPA 23458 of 2023 is

dismissed.

Since no affidavits have been called for in the

writ petition, the allegations contained therein be

deemed not to have been admitted by the

respondents.

All parties shall act on the server copy of this

order duly downloaded from the official website of

this Hon'ble Court.

Urgent certified website copies of this order, if

applied for, be made available to the parties subject

to compliance with all requisite formalities.

(Lapita Banerji, J)