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Calcutta High CourtWP.ST/43/2025dismissed

Shakti Ranjan Mondal And ANR. v. State Of West Bengal And ORS.

2025-04-16Hon'Ble Justice Madhuresh Prasad,Hon'Ble Justice Supratim Bhattacharya2 pages

16.04.2025 (D/L-13) Ct. No.4 (B.K.N.) W.P.S.T. 43 of 2025 Shakti Ranjan Mondal & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Jayanta Das, Mr. S. Ghosh ...for the Petitioners Mr. Tapan Kr. Mukherjee, Ld. AGP, Mr. Somnath Naskar ...for the State Respondents Mr. Aniruddha Bagchi, Sr. Adv., Ms. Rama Chakraborty ...for the Respondent Nos. 2 & 3

1. It is the case of the applicant/petitioner that his grandfather was forced to retire on 30th April, 1979. The petitioner's grandmother was directed to be disbursed the pending retiral dues as a result of proceedings arising out of W.P.A. No. 3358 of 2024 which was earlier filed by the petitioner no. 1.

2. Petitioners claiming to be son and grandson of the Government servant who according to him was forced to retire on 30th April, approached the authorities, 45 years thereafter seeking compassionate appointment of petitioner no.

by sending application/s through post to the authorities in March/April, 2024. Thereafter the petitioner has invoked the jurisdiction of the West Bengal

Administrative Tribunal for the same relief which has been rejected by the Tribunal.

3. We find no reason to interfere with the order rejecting the petitioner's claim. The concept of compassionate appointment is now a very settled concept. The prime consideration being to provide immediate succour to the family in destitute on account of sudden loss of the bread earner. The claim made by a grandson of the Government servant, 45 years after alleged forced retirement of the Government servant cannot by any stretch of imagination be said to be a circumstance where the petitioner grandson could claim compassionate appointment. Even otherwise the claim sought to be raised now under the 2013 policy for compassionate appointment before the Tribunal would not be applicable to the case of the Government servant who was allegedly forced to retire in 1979.

4. We find no reason to interfere with the Tribunal's order dated 29th January, 2025 passed in O.A. No. 278 of 2024.

5. The writ petition is dismissed.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)