Tapas Fulmali vs The State Of West Bengal & Ors
2023 Latest Caselaw 6197 Cal

14.09.2023 Item No.10 Court No.6.

S. De F.M.A. 784 of 2019

With

I.A. No. CAN/1/2022

Tapas Fulmali.

Vs The State of West Bengal & Ors.

Md. Salahuddin., Md. Ahsanuzzaman, Md. Raziuddin, ...for the appellant.

Mr. Biswabrata Basu Mullick, Ld. A.G.P., Mr. K.M. Hossain, ...for the State.

By consent of the parties the appeal and the

connected application are taken up together for

hearing.

A judgment and order dated July 16, 2018

whereby the appellant's writ petition being W.P. No.

3962(W) of 2018 was dismissed by a learned Single

Judge of this Court, is under challenge in this appeal.

The appellant approached the learned Single

Judge seeking compassionate appointment upon his

father dying in-harness as an employee of Nalhati

Municipality.

The learned Judge dismissed the writ petition

relying on the decision in the case of Gobinda Hazra

Vs. State of West Bengal & Ors. (W.P. 13147(W) of

2017) where it was held that there is no subsisting

scheme for grant of compassionate appointment in a

Municipality.

Being aggrieved, the present appeal has been

filed by the writ petitioner.

In the mean time this issue travelled to the

Hon'ble Supreme Court and by a judgment and order

dated March 3, 2023, in the case of The State of

West Bengal Vs. Debabrata Tiwari & Ors (Civil

Application Nos. 8842/2022-8855/2022), the

Hon'ble Apex Court has held that unless there is a

scheme in the Municipality for granting compassionate

appointment, such appointment cannot be claimed as

of right by the legal heir of the employee who dies

in- harness. Admittedly there is no scheme for

compassionate appointment in Nalhati Municipality.

In view of the aforesaid, we have no other

alternative but to dismiss this appeal. However, we

clarify that in future, if any scheme of compassionate

appointment is framed in Nalhati Municipality, the

appellant herein would be at liberty to apply under

such scheme and his application shall be considered

in accordance with law.

FMA 784 of 2019 is disposed of along with the

application being I.A. No. CAN 1 of 2022.

Urgent certified photostat copy of this order, if

applied for, shall be given to the parties as

expeditiously as possible on compliance with all the

necessary formalities.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)