Calcutta High CourtWPA/2146/2022disposed

Aparna Soren v. State Of West Bengal And ORS.

2022-02-22Hon'Ble Justice Arindam Mukherjee2 pages

22.02.2022 (18) Ct.23 suman

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 2146 of 2022 Smt. Aparna Soren Vs.

The State of West Bengal & Ors.

Mr. Gautam Banerjee ...for the petitioner Mr. A. K. Guha Mr. Naren Ghosh Dastidar ...for the State The petitioner says that her father was a permanent employee at the office of the Rent Controller in the post of "Visti". The petitioner's father died-in-harness on 7th February, 2015. The petitioner along with her mother made an application for compassionate appointment by a letter dated 10th February, 2015. The petitioner states that despite lapse of more than six years the petitioner's prayer has not been considered and disposed of. Although the petitioner has approached this Court only on 7th February, 2022 being date when the writ petition was filed i.e., after six years but I think justice will be sub-

served if I direct the respondent No.2 to consider the petitioner's representation dated 10th February, 2015 within a period of ten weeks from date and dispose of the same by a reasoned order after affording the petitioner an opportunity of being heard. Since compassionate appointment is not a matter of right but is dependent on the prevailing policy of the employer, if any. I desist from going into the merit of the claim. The respondent No.2 shall be free to adjudicate the petitioner's claim independently without being influenced in any manner by the instant order. The reasoned order shall be communicated within ten days from the date of passing of the said order. The parties including the respondent No.2 shall act on the server copy of the instant order without insisting upon production of a certified copy thereof. Nothing remains further to be adjudicated in the writ petition.

The same is, accordingly, disposed of.

Since I have not called for affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondent.

(Arindam Mukherjee, J.)