Shyamiel Soren v. The State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 11 04.8.2025 Sc Ct. no.2 WPA 11389 OF 2025 ------------- Shyamiel Soren Vs.
The State of West Bengal & Ors.
Mr. Soumik Ghosh Mr. Pradip Saren Ms. Saheli Hembram.
....For the Petitioner Mr. Sk. Md. Galib Ms. Priyamvada Singh.
....For the Respondents Mr. Soumik Ghosh, learned Advocate appears for the petitioner.
Mr. Sk. Md. Galib, learned Senior Government Advocate with Ms. Priyamvada Singh, learned Advocate appears for the respondents.
On the prayer of learned State Advocate time to file report on affidavit stands extended till today. The report filed in Court today, is taken on record. Copy has been served.
Identically, on the prayer of the learned Advocate for the petitioner the exception in the form of affidavit, filed today in Court, is taken on record. Copy has been served.
The mother, Fulmoni Saren, is deceased who was an Ex-Krishi Shramik. The mother died during her employment on June 20, 1996. Rabi Saren being the
elder son applied for compassionate appointment on July 15, 1999 and then in the prescribed format on February 9, 2000. Unfortunately, Rabi died on January 15, 2021, as would be evident from the relevant Death Certificate at page 18 to the writ petition.
After the demise of Rabi the writ petitioner applied for compassionate appointment on October 5, 2021 and finally in prescribed format on November 3, 2021 at page 14 to the writ petition. The documents being Annexures - P7 and P8 at pages 26 and 27 respectively to the writ petition being dated August 2, 2023 and May 31, 2023 show the recommendation of the concerned State Government Department for considering the case of the petitioner for compassionate appointment.
However, the State authority(s) by its impugned decision dated April 22, 2024, Annexure - P5 at page 22 to the writ petition has rejected the claim for compassionate appointment of the writ petitioner principally on the plea that, the application of Rabi Saren was a delayed one.
After considering the rival submissions made on behalf of the parties and on perusal of the report and the exception filed thereto on record, it appears to this Court that, as late as in 2023 the State Government Department itself has recommended for consideration of the compassionate appointment of the writ petitioner. Those two communications, according to this Court,
prima facie show that, the employer State has principally agreed for a fresh consideration of the application submitted by the petitioner seeking compassionate appointment.
In view of the foregoing reasons and discussions the impugned decision rejecting the claim of the petitioner dated April 22, 2024 at page 22 to the writ petition stands set aside and quashed.
Accordingly, the Director of Agriculture & Exofficio Secretary, Department of Agriculture, Government of West Bengal (hereafter the said Director) is directed to consider the claim of the writ petitioner once again afresh on the basis of the existing materials on record and in the light of the said two communications of the State Government Department dated August 2, 2023 and May 31, 2023, Annexures - P7 and P8 at pages 26 and 28 to the writ petition respectively by passing a reasoned decision in accordance with law on the issue. The entire exercise shall be carried out and completed and the reasoned order shall be communicated to the petitioner by the said Director positively within a period of eight weeks from the date of communication of this order.
The petitioner shall serve a copy of complete set of the writ petition along with a copy of today's order upon the said Director forthwith.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
In the event the reasoned decision goes in favour of the petitioner, then the appropriate authority(s) shall give an immediate effect thereto by taking all necessary and consequential steps in accordance with law.
It is needless to mention that in the event any assistance is required by the said Director from the petitioner, the petitioner being called upon shall render such assistance to the said Director.
With the above observation and direction this writ petition, WPA 11389 of 2025 stands disposed of, without any order as to costs.
The parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Aniruddha Roy, J.)