Calcutta High Court (Appellete Side)
Chanchal Shaikh vs Ar State Of West Bengal & Ors on 18 October, 2023
10 18.10.2023 MAT 1783 of 2023
Ct-08 with
I.A No. CAN 1 of 2023
Chanchal Shaikh
Vs.
ar State of West Bengal & Ors.
Mr. Nitya Gopal Mukherjee
Ms. Kaushiki Chakraborty
... For the Appellant
Mr. Jayanta Samanta
Mr. Manoj Kumar Mondal
... For the State
Mr. Nilotpal Chatterjee
Mr. Satyaki Banerjee
Mr. Sourabh Sengupta
... For the Calcutta University
1.
We have heard the learned counsel appearing
for the parties.
2. Admittedly the father of the petitioner was a
Mess Helper under Calcutta University. He died in
harness on 17th January, 2013. The payer of the
petitioner for compassionate appointment was
rejected on 20th August, 2019 on the ground of the
Notification of Higher Education Department,
Government of West Bengal, dated 20th October,
2014 treated all existing post of Hostel/Mess
employees in all State aided universities as "dying
cadre" and all such posts should be treated as
personal to the incumbent. No further
recruitment either contractual or permanent
including appointment on compassionate ground
was allowed to such posts with effect from the date
of issuance of the said order.
3. Learned counsel representing the appellant
has relied upon a Government Circular dated 30th
December, 2014 in which various points were
referred to the Government of West Bengal, Higher
Education Department with regard to the
implementation of G.O No. 874 Edn.(CS) dated 28th
October, 2014. One of the issues considered by the
Additional Secretary, Higher Education Department
was whether the Hostels/Mess employees of
Government college/Government aided colleges
and Universities would be entitled to non-teaching
and Group-D status from the date of their
respective appointment.
4. The clarificatory note shows that the
Government was of the view that it should be
answered in the affirmative and necessary
amendments are required to be made in the
University statute. In the event, the Mess Helper is
considered to be a Group-D status then the rule
with regard to the compassionate appointment
upon the death of a Group-D employee is required
to be considered on the basis of the rule existing on
the date of death of such employee. Moreover the
Supreme Court in G. B. Pant University of
Agriculture & Technology v. State of U.P. &
Ors., reported in 2000 (7) SCC 109 has held that a
Mess Helper shall come within the category of
Group-D employee. The response of the Additional
Secretary, Higher Education Department in
answering the query in affirmative possibly on the
basis of the aforesaid judgment of the Hon'ble
Supreme Court.
5. On such consideration, we set aside the
order passed by the learned Single Judge.
6. We direct the Registrar, Calcutta University
to reconsider the application for compassionate
appointment upon treating the Mess Helper as a
Group-D employee of the University and to
ascertain whether the appellant would be entitled
for being appointed under die-in harness category
on compassionate ground on the basis of the rules
that were applicable to a Group-D employee on 17th
January, 2023.
7. The Registrar shall decide the matter within
six weeks from the date of communication of this
order by either of the parties.
8. In view of the aforesaid, the appeal being
MAT 1783 of 2023 stands disposed of.
9. In view of the disposal of the appeal,
nothing remains to be decided in the application
for stay being CAN 1 of 2023 and the same is
accordingly disposed of.
10. However, there shall be no order as to
costs.
11. Urgent Photostat certified copy of this
order, if applied for, be given to the parties on
usual undertaking.
(Uday Kumar, J.) (Soumen Sen, J.)
