Calcutta High Court (Appellete Side)
Biswajit Sahoo vs The West Bengal State Electricity ... on 26 September, 2023
08.
26.9.2023
S.D.
W.P.A. 21761 of 2023
Biswajit Sahoo
Vs.
The West Bengal State Electricity Development
Corporation Limited & Ors.
Mr. Sukumar Ghosh
Ms. Moumita Ghosh
..For the Petitioner
Mr. Debanjan Mukherjee
Mr. Aniruddha Ganguly
....For the WBSEDCL
The petitioner has challenged impugned orders
dated September 27, 2022 and June 27, 2023. The
petitioner's father was a permanent employee of West
Bengal State Electricity Distribution Company Limited
(WBSEDCL). He died-in-harness on October 22, 2010.
The petitioner prayed for compassionate appointment.
The petitioner was found eligible in the selection
test. The petitioner qualified in the written test as well as
viva voce held on September 5, 2013 and September 6,
2013 respectively.
2
The petitioner was asked to submit a Computer
Certificate, which was an essential criterion for
considering his candidature to the post of Office
Executive.
There was no communication between the
partiesfor 9 years. After a gap of 9 years, the petitioner
submitted his relevant Computer Certificate on July 20,
2022 and prayed for consideration of his prayer for
compassionate appointment.
The Manager (HR & A)/respondent authority
found that there was no communication from the end of
the petitioner for 9 years and also no intimation as to why
he failed to submit the said Certificate within the
stipulated time.
It was held by the authorities that the principle on
which compassionate appointment is granted is to
provide financial assistance to the bereaved family that
may be caused by the sudden demise of earning member
of the family. However, after a gap of more than 12 years
from the date of death of the employee, prayer for
compassionate appointment cannot be granted.
The fact that the petitioner did not submit the
relevant Computer Certificate within a reasonable period
of time and also did not intimate the authorities the
reason for non-submission of the same clearly showed his
unwillingness to employed for the post of Office
Executive, on compassionate ground.
The petitioner also made a prayer for engagement
in the Group-D category on January 24, 2023. The same
prayer was reiterated on April 26, 2023 and April 27,
2023.
The petitioner's prayer was rejected on June 27,
2023 by the Manger (HR & A) since after a gap of almost
12 years, the petitioner prayed for appointment in the
Group-D post.
Mr. Ghosh, learned counsel appearing on behalf of
the petitioner submits that the petitioner's representation
should have been considered sympathetically by the
respondent authorities.
Mr. Mukherjee, learned counsel appearing on
behalf of the WBSEDCL submits that the petitioner
himself did not have the Certificate that was required for
appointment on the compassionate ground and now
cannot allege that the respondent authorities were at
fault.
Considering the rival submissions of the parties
and the materials placed on record, this Court finds that
compassionate appointment is granted in order to
provide immediate succour to the bereaved family that
may arise due to the financial hardship caused by the
death of the earning member of the family.
Had the petitioner been in the need of immediate
financial assistance, the petitioner would have submitted
the requisite Certificate immediately after he was selected
in 2013. Compassionate appointment is not a matter of
right. It is a prayer before the authorities concerned to
provide the same for avoiding immediate financial
hardship.
A beneficial reference may be made to an
order/judgment passed by the Hon'ble Apex Court in the
case of State of West Bengal vs. Debabrata Tiwari &
Ors. reported in 2023 SCC Online SC 219.
The conduct of the petitioner is not at all
appreciated by this Court.
There is no infirmity in the decision making
process of the impugned orders dated September 27, 2022
and also June 27, 2023.
Accordingly, W.P.A. 21761 of 2023 is dismissed.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if
applied for, be given to the parties upon compliance of
all the formalities.
(Lapita Banerji, J.)
