Jaleshwari Murmu v. State Of West Bengal And ORS.

12. 08. 2024 BP Sl. 52 Court No. 17 WPA 19333 of 2024 Jaleshwari Murmu Vs.

The State of West Bengal & Ors.

Mr. Md. Zakir Hossain ..for the petitioner Mr. Swapan Kumar Dutta,Ld. AGP Mr. Rajat Dutta ..for the State Mr. P. Das ..for the respondent nos. 3 & 4 Vakalatnama filed on behalf of the respondent no.4 is taken on record.

Learned advocate appearing on behalf of the petitioner submits as follows. The petitioner is the wife of a former employee of the respondent college. The petitioner's husband had joined the service on 23.04.1999 and died in harness on 05.12.2020. After this, the petitioner prayed for compassionate appointment as she has two sons to fend for. She is in severe financial distress. She made an application for consideration of her case for compassionate appointment on 21st January, 2021 before the Principal of the concerned College. The same has not been considered. In certain cases this Court has granted

compassionate appointment even in the absence of any scheme.

Learned counsel appearing on behalf of the College submits that the pending representation shall be considered in accordance with law, however, subject to the confirmation by the respondent no.2.

Learned counsel appearing on behalf of the State submits that unless there is a scheme for compassionate appointment it is difficult to grant one. However, a scheme is being formulated for such services and has been vetted by the Labour Department. But, the same is awaiting approval from the Finance Department It appears that the petitioner's representation about seeking compassionate appointment is pending consideration.

In view of the same and in the interest of justice, let the respondent College consider the petitioner's representation in accordance with law and expeditiously, preferably within a period of six weeks from the next date of hearing. Within a week thereafter, the outcome of such consideration shall be intimated to the petitioner. If the representation is considered in the affirmative by the College, they shall take necessary steps by forwarding the same to the respondent no.2

herein for necessary action.

Since affidavits were not called for, allegations contained in the writ petition are deemed not to have been admitted.

With these observations, the writ petition is disposed of.

Urgent Photostat certified copy of this order be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J. )