Sandip Chakraborty And ANR v. The Kolkata Municipal Corporation And ORS

Item No.81 In the High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 13.06.2024 Ct-14 RVW 67 of 2023 IA No. CAN 1 of 2023 in WPA 6658 of 2022 Sandip Chakraborty & Anr.

v.

The Kolkata Municipal Corporation & Ors.

Mr. Rahul Karmakar Mr. D. Upadhyay Ms. Ishita Kundu ... for the petitioners.

Mr. Alok Kumar Ghosh Mr. Arijit Dey ... for KMC.

The petitioners pray for review of the order dated February 13, 2023.

It has been submitted that there are errors apparent on the face of record which are required to be rectified by the Court.

According to the petitioners, after the prayer for compassionate appointment of the son stood rejected in the year 2015 communication was made between the mother of the petitioner and the employer. Those communications, though annexed to the writ petition, could not be placed before the Court at the time of consideration of the writ petition. The prayer for reconsideration of the claim for compassionate appointment was actively pending consideration at the

end of the employer even after rejection of the prayer for compassionate appointment.

The Court is of the opinion that the ground(s) sought for review is such that the same is not liable to be entertained. Admittedly, the Court considered all the documents placed before the Court at the time of hearing.

The matter relates to appointment on compassionate ground in died-in-harness category. The same can never be claimed as a matter of right and a considerable period of time has elapsed from the date of death of the employee in the year 2011.

In view of the above, the Court is not inclined to exercise jurisdiction in the matter at the stage of review. The application for review stands dismissed.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh (Amrita Sinha, J.)