Avijit Chakraborty v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 11625 of 2025 21.11.2025 rkd Ct.02 DO Avijit Chakraborty -vsUnion of India & Ors.

Mr. Sanjib Mitra ....for the petitioner.

Mr. Ajay Choubey, Mr. Tirtha Pati Acharya ....for the Union of India.

1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

It is submitted by the learned advocate representing the petitioner that he was appointed as Multi Tasking Staff vide office memorandum dated 12th April, 2016 on compassionate ground due to untimely death of his father who was working as Ex-Junior Job Worker.

3.

In reference to such office memorandum dated 12th April, 2016 it is contended that petitioner was not appointed on substantive basis and such appointment was against a consolidated amount of Rs. 10,000/- per month.

4.

It is submitted that subsequently consolidated salary has been enhanced from time to time. Petitioner prays for direction in order to appoint him on substantive basis against a sanctioned

post.

5.

Respondent authorities are represented by learned advocate who submits that petitioner was appointed on compassionate ground and his regularization depends upon availability of vacancy as well as the relevant policy applicable in this regard.

6.

Having considered the respective submissions made on behalf of the parties, leave is granted to the petitioner to make a representation to the Director of National Institute for Orthopedically Handicapped (NIOH) and National Institute for Locomotor Disabilities (Divyangjan) (NILD) being respondent no.2 by fortnight from date claiming appointment on substantive basis taking note of petitioner's appointment vide office order dated 12th April, 2016.

7.

If such representation is made within the aforesaid time, same shall be considered by respondent no.2 in accordance with law by eight weeks thereafter on granting opportunity to the petitioner or his representative to make deliberation.

8.

A reasoned order shall be passed by the respondent no.2 and same shall be communicated to the petitioner by ten days thereafter.

9.

The writ petition stands disposed of.

10. There shall be no order as to costs.

11. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)