Mithun Acharyya v. State Of West Bengal And ORS.

27-06-2022 AKG WPA 10369 of 2022 Ct. 21 Mithun Acharyya Vs.

The State of West Bengal & Ors.

Mr. Kumarjyoti Tiwari, Mr. Shahan Shah ...For the Petitioner Mr. Swapan Kr. Dutta, Mr. Rajat Dutta ...For the State Mr. Amitava Chaudhuri, Mr. M. Chaudhuri, Mr. N. Roy ...For the Kalyani University The petitioner seeks to challenge an order dated October 30, 2015 passed by the Director of Public Instruction, Government of West Bengal, whereby he rejected the claim of the petitioner on the ground that there was no scheme or policy for appointment in died in harness category in the Government aided Colleges. Mr. Kumarjyoti Tiwari, learned advocate appearing for the petitioners has drawn my attention to Clause 4 (a) of the Kalyani University Statute, 1981, which provides for compassionate appointment. Mr. Tiwari submits that the Director of Public Instruction, therefore, was not right in rejecting the claim of the petitioner. It appears that father of the petitioner died in harness on February 1, 2012. The writ petitioner filed a

writ petition before this Court in the year 2015 and following the order dated September 7, 2015 passed in the said writ petition, his case was considered and rejected by the order impugned dated October 30, 2015. Mr. Swapan Kr. Dutta, learned advocate appearing for the State rightly submits that this belated writ petition cannot be entertained. No satisfactory reason has been pleaded in the writ petition for approaching this Court after a delay of about 7 years.

Needless to mention that such unexplained delay defeats the very object compassionate appointment to provide immediate financial assistance to family of the deceased.

In that view of the matter, writ petition being WPA 10369 of 2022 stands rejected.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance with all the requisite formalities.

(Kausik Chanda, J.)