Bishu Hansda vs The State Of West Bengal & Ors
2023 Latest Caselaw 6194 Cal

14.09.2023
Item No.96
gd/ssd

                           WPA/2435/2023
                            BISHU HANSDA
                                 VS
                   THE STATE OF WEST BENGAL & ORS.


                 Mr. Shuvro Prokash Lahiri,
                 Mr. Habibur Rahaman
                              ..for the Petitioner.


                    The petitioner has challenged the order of the

             Assistant Secretary, Department of Panchayat and

             Rural Development, Government of West Bengal

             dated January 6, 2023. By the said order the prayer

             of the petitioner for compassionate appointment

             upon the death of his father was rejected on the

             ground that the application was submitted at a

             belated stage.

                    The     father   of   the   petitioner,   namely,

             Dukhuram Mahali while performing his duties as a

             permanent employee of Mahipur Gram Panchayat

             under Raiganj Block in the District of Uttar Dinajpur

             died in harness on August 13, 2009. The petitioner

             applied      for   compassionate     appointment     on

             September 4, 2009.

                    Mr. Lahiri, learned advocate representing the

             petitioner submits that immediately after the death

             of the father, the petitioner submitted the application

             for compassionate appointment. He further submits
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that the Assistant Secretary without considering the

fact that the petitioner applied within the stipulated

time rejected the application on the ground that the

same was filed five years after the death of the father

of the petitioner.

         None appears for the State.

         In spite of a direction passed in this writ

petition, no affidavit-in-opposition has also been

filed.

         It appears from the record that the petitioner

applied      for      compassionate    appointment     on

September 4, 2009. Such prayer was forwarded by

the concerned Block Development Officer to the

Executive Officer on February 11, 2010. The District

Panchayat and Rural Development Officer, Uttar

Dinajpur by letter dated 8th January, 2013 directed

the      petitioner    through   the   concerned     Block

Development Officer to re-submit the application by

the latest modified check memo. It is not in dispute

that the petitioner complied with such direction and

re-submitted the application form in prescribed

format in August, 2014.          Record reveals that the

concerned Block Development Officer recommended

for appointment of the petitioner by making an

endorsement on September 2, 2014. The "Three Men

Committee" in their enquiry report observed that the

family of the deceased is in need of immediate
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assistance and the purpose of giving assistance to

the family will be served if appointment is offered to

the family of the deceased.

       Therefore, from the aforesaid facts it would be

evident that the petitioner applied for compassionate

appointment within a month of the death of his

father and pursuant to a direction passed by the

concerned authority, the prayer for compassionate

appointment was against re-submitted in prescribed

format.      Therefore, the finding of the Assistant

Secretary in the order dated January 6, 2023 that

the application was submitted belatedly cannot be

sustained.      Accordingly,   the        said    order   dated

January 6, 2023 is set aside and quashed.                   The

Assistant Secretary of the Government of West

Bengal being the 4th respondent is directed to

consider the prayer for appointment of the petitioner

in the died in harness category in the light of the

observations made in this judgment and after taking

into consideration the report of the "Three Men

Committee" as well as other relevant materials

concerning the compassionate appointment of the

petitioner and to dispose of the prayer for

compassionate appointment by passing a reasoned

order as expeditiously as possible but positively

within a period of four weeks from the date of receipt

of the server copy of this order.

Needless to mention that in case the 4th

respondent is of the opinion that the petitioner is

entitled to compassionate appointment, necessary

consequential steps be taken thereafter.

With the above observation, the writ petition

stands disposed of.

There shall be no order as to costs.

Urgent certified copy of this order, if applied

for, be given to the learned advocates for the parties on

usual formalities.

(HIRANMAY BHATTACHARYYA, J.)