Srimanti Oraw v. State Of West Bengal And ORS.

23.03.2021.

Item no. 164.

Court No.13 ap W.P.A. No. 1510 of 2021 (Through Video Conference) Srimanti Oraw

Versus

The State of West Bengal & Ors.

Mr. Uttam Banerjee, Mr. Arunesh Pathak.

..For the petitioner.

Mr. Biswabrata Basu Mallick, Mr. Sanjib Das.

...For the State respondents.

Affidavit-of-service filed in Court today by the Counsel for the petitioner be taken on record. The petitioner seeks compassionate employment on account of death of her father, namely, Atoya Oraw. The petitioner's father was a Gram Panchayat Karmee under Number 2 Panjul Gram Panchayat, South 24 Parganas. He died on 31st July, 1999.

The petitioner applied for compassionate employment for the first time on 19th January, 2012. For some strange reasons, the case of the petitioner was recommended and forwarded by a three Member Committee in the year 2012.

This Court notes that the petitioner has survived comfortably from the year 1999 until the year 2012. Compassionate employment is an exception to the regular method of employment. It is aimed at preventing a family from going into starvation and/or penury.

For 13 years since after the death of the said Atoya Oraw, the family did not need any Government job to sustain themselves. It is only in the year 2012 that the application for compassionate employment is made for the first time when the petitioner was admittedly 24 years of age.

Admittedly, the widow of the deceased did not make any application for employment even until 2012. In any event, there is no explanation as to why the petitioner was silent from 2012 all the way until the year 2017.

This Court finds that there is absolutely no ground for compassionate employment of the petitioner.

For the reasons stated hereinabove, the instant writ petition must fail and is hereby dismissed. There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)