Sanjay Kundu v. Union Of India And ORS.

06.

24.11.2022 S.D.

W.P.A. 18897 of 2022 Sanjay Kundu Vs.

The Union of India & Ors.

Mr. Bidyut Kumar Halder Mr. Indranil Halder ..For the Petitioner Mr. S. N. Duta ..For the Respondents The petitioner's father was an employee of the Gun and Shell Factory, Cossipore. The said organization is under the Directorate of Ordinance (Coordination and Services), Kolkata. The petitioner's father died-in-harness on June 22, 2018. A representation was made by the petitioner on July 28, 2022 for consideration of his prayer for compassionate appointment.

Mr. Halder, learned counsel appearing on behalf of the petitioner submits that such representation has not been considered till date. He prays for consideration of the said representation.

Mr. Dutta, learned counsel appearing on behalf of the respondents submits that the writ petition is not maintainable

for want of jurisdiction. He further submits that the application for compassionate appointment has been made belatedly. He relies on a notification dated August 30, 2022 issued by the Gun and Shell Factory, Cossipore, a Government of India Enterprise, Ministry of Defence in support of contention that all the units have been directed not to finalize or not to issue appointment letters for candidates claiming compassionate appointment till further instruction. Having considered the rival submissions of the parties and the materials placed on record, this Court is of the view that justice will be sub-served by directing the Senior General Manager, Gun and Shell Factory, Cossipore to consider the representation of the petitioner and dispose of the same by 6 weeks from date. A reasoned order may be communicated to him within 2 weeks thereof.

Since no affidavits have been invited in the present writ petition, the allegations contained in the writ petition are deemed not to have been admitted by the parties. With the directions aforesaid, W.P.A. 18897 of 2022 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Lapita Banerji, J.)