Sanu Mondal (Mistry) @ Sanu Bala Mondal (Mistry) v. The State Of West Bengal And ORS.
Ct. No.4 M/L 05.05.2025 (Naba) 21 W.P.S.T. 74 of 2025 Sanu Mondal (Mistry) @ Sanu Bala Mondal (Mistry) Vs.
The State of West Bengal & Ors.
Mr. Prokash Ch. Mondal, Mr. Dinesh Ch. Mondal ...for the Petitioner Ms. Sonal Sinha, Ms. Ashmita Chakraborty ...for the Respondents 1.
Heard the learned counsel for the petitioner as well as the learned State counsel.
2.
An application has been made for appointment on compassionate ground by the applicant/petitioner claiming to be daughter of the employee who died in-harness on 21.11.1975.
3.
24 (twenty four) years after the alleged demise of the employee, an application has been made for compassionate appointment.
Considering the relevant scheme for compassionate appointment, the West Bengal Administrative Tribunal (hereinafter referred to as 'the SAT') has rejected the claim.
4.
The concept of compassionate appointment by now stands settled by so many Judgements of the Hon'ble Apex Court as well as the High Courts. Though it is not as a matter of right but the scheme of compassionate appointment has been
framed and is applicable in the service only to provide immediate succour to the family of the employee who died in harness leaving the family in penury and destitute.
5.
The fact that the petitioner has made application 24 (twenty four) years after demise of the employee is not in dispute. Thus, by no stretch of imagination, the petitioner is in a position to claim the benefit of compassionate appointment.
6.
The learned counsel for the petitioner submits that the family of the deceased did not get any benefits.
7.
Since relevant particulars in this regard are lacking in the application filed before the S.A.T., the same was not considered by the S.A.T.
8.
If any legitimate dues are pending it will be open for the writ petitioner to agitate the same in accordance with law.
9.
The Writ Petition being W.P.S.T. 74 of 2025 is dismissed.
(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)