Gopal Roy v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 45 22.5.2025 Sc Ct. no.2 WPA 9506 OF 2025 ------------- Gopal Roy Vs.

The State of West Bengal & Ors.

Ms. Piyali Sengupta Mr. Victor Chatterjee.

....For the Petitioner Mr. Biswabrata Basu Mallick, AGP Mr. K. M. Hossain.

....For the Respondents State Mr. T. M. Siddiqui Mr. Tanay Chakraborty.

....For the Respondent No. 3 Affidavits-of-service, filed in Court today, is taken on record.

Ms. Piyali Sengupta, learned counsel appears for the petitioner.

Mr. Biswabrata Basu Mallick, learned Additional Government Pleader with Mr. K. M. Hossain, learned State counsel appears for the respondents State. Mr. Tanay Chakraborty, learned counsel led by Mr. T. M. Siddiqui, learned Senior Advocate appears for the respondent no. 3/ district judiciary.

The petitioner being the brother of an employee of the concerned district judiciary seeks compassionate

appointment. A representation has been submitted dated February 18, 2024, Annexure-P3 at page 20 to the writ petition.

The record shows that, appropriate authority of the district judiciary has already taken steps by asking necessary records and documents from the applicant. In view of the above, the respondent no.3 and/or any other appropriate authority or committee having authority and jurisdiction over the issue shall consider the said representation dated February 18, 2024, as referred to above, by passing a reasoned order in accordance with law.

The reasoned order shall be passed strictly in accordance with law positively within a period of ten weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner positively within a further period of one week from the date of the said reasoned order to be passed. Whenever any record or document shall be asked to be produced, the petitioner shall produce the same and render all necessary assistance to the authority. It is made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to his claim strictly in accordance with law.

It is also made clear that, this Court has not gone into the merits of the writ petition.

In the event the reasoned order goes in favour of the petitioner all consequential steps shall be followed accordingly.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 9506 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)