Uttam Kumar Singha v. State Of West Bengal & ORS

07.05.2024 Item No.104 Ct. No.238 S.A.

W.P. No. 16897(W) of 2013 with CAN 1 of 2016 (Old No. CAN 8660 of 2016) Uttam Kumar Singha -vsThe State of West Bengal & Ors.

Mr. Md. Idrish ...for the petitioner Mr. Rajashree Venket Kundalia Ms. Shivika Rai Singhani ...for the respondent nos.3 and 4 CAN 1 of 2016 (Old No. CAN 8660 of 2016) This is an application for restoration. Having regard to the averments made in the writ petition, I am of the view that the petitioner has sufficiently explained the reason for his non-appearance before this Court on November 8, 2013.

Accordingly, CAN 1 of 2016 is allowed and the writ petition is restored to its original number. W.P. No. 16897(W) of 2013 The petitioner seeks to regularise his appointment as a "Cook Helper" at National Institute of Technology, Durgapur. The petitioner submits that his father was also a mess employee who died in harness on August 28, 1988.

The petitioner claims that he should be appointed as a regular employee of the Institute on compassionate ground upon the death of his father.

The prayer of the petitioner cannot be entertained. The father of the petitioner was not a permanent employee of the Institute. Therefore, the claim for appointment, on compassionate ground as a regular employee of the Institute cannot be sustained. In that view of the matter, W.P. No. 16897(W) of 2013 is dismissed.

However, dismissal of this writ petition shall not stand in the way of working of the petitioner on a temporary basis as a mess employee of the Institute. (Kausik Chanda, J.)