Sunil Lohar v. The Bangiya Gramin Bikash Bank And ORS

08.09.2022 IN THE HIGH COURT AT CALCUTTA DL-85 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE Ct.21 WPA 18829 of 2022 Sunil Lohar Vs.

The Bangiya Gramin Vikash Bank & Ors.

Mr. Soumik Ganguli, Mr. S. Nandy ....for the petitioner.

Mr. Baidurya Ghosal, Ms. Avipsha Dutta Roy, Ms. Aatreyee Dutta ....for the respondents.

Affidavit of service filed in Court today be retained with the records.

In this writ petition, the petitioner claims to be the son of a Part-Time-Sweeper who died-in-harness on December 16, 2018 at the age of 74 while working for respondent no.1/Bangiya Gramin Vikash Bank. Since the death of his mother, the writ petitioner has been working as a Part-Time-Sweeper with a remuneration of Rs.96/- per day. The writ petitioner made a representation on July 16, 2022 for appointment on compassionate ground.

Mr. Ganguli, learned counsel appearing on behalf of the writ petitioner submits that his prayer for appointment on compassionate ground be considered as per the representation dated July 16, 2022.

Mr. Ghosal, learned counsel, appearing for the respondents argues that the mother of the writ petitioner was only a Part-Time-Sweeper, who was aged of 74 years at the time of her death. The writ petitioner himself is about 52 years. There is no

question of appointment of the writ petitioner in the post of Part-Time-Sweeper since the mother of the writ petitioner was not a permanent employee of the bank.

Having considered the rival submissions of the parties and materials placed on record, I direct the officer concerned of the respondent-bank to consider the representation dated 16th July, 2022 of the writ petitioner within 8 weeks from date and pass an order in accordance with law.

With this direction, the writ petition, being WPA 18829 of 2022, is disposed of.

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

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

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

(Lapita Banerji, J.)