Buddhadeb Paul v. The State Of West Bengal And ORS.
14.02.2025 (D/L-5) Ct. No.4 (B.K.N.) W.P.S.T. 10 of 2025 Buddhadeb Paul Vs.
The State of West Bengal & Ors.
Mr. Robiul Islam, Mr. Raju Mondal, Mr. Masooq Rahman ...for the Petitioner Mr. Tapan Kr. Mukherjee, Ld. AGP, Mr. Somnath Naskar ...for the Respondents
1. Heard learned counsel for the petitioner and the learned counsel for the State.
2. The father of the petitioner died while in harness on 8th June, 2006. It is not in dispute that his claim for compassionate appointment was rejected by the Chief Medical Officer of Health, Murshidabad on 2nd July, 2009. Eight years thereafter he has approached the Tribunal seeking quashing of the rejection order. The Tribunal has rejected the claim as being belated and barred by limitation.
3. We find from the records that there was not even an application made for condonation of delay.
4. The learned counsel for the petitioner, however, has tried to convince the Court that since the petitioner had a good claim for compassionate
appointment, the Tribunal should have considered the same.
5. The concept of urgency is basic to the concept of compassionate appointment.
The policy of compassionate appointment only recognizes the need for providing immediate relief/succour to the family who is left in penury with the loss of the bread earner. It is to meet the sudden crisis arising out of such loss, that the policy of compassionate appointment was evolved.
6. In the present case the authorities rejected the claim in 2009 and the applicant/petitioner did not consider it necessary to approach the Tribunal for another eight years thereafter.
7. We also find that in the Original Application filed by the applicant there is not even a whisper as to any reason for delay in approaching the Tribunal. The Tribunal's order dated 25th April, 2024 passed in O.A. 337 of 2017, in the circumstances does not require any interference in the matter.
8. The writ petition is dismissed.
(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)