Ashoke Patra v. State Of West Bengal And ORS.
17.01.2022 sayandeep Sl. No. 31 Ct. No. 05 WPA 21217 of 2021 [Via Video Conference] Ashoke Patra -Versus- The State of West Bengal & Ors.
Mr. Mrinal Kanti Sardar .... for the petitioner Mr. Biswabrata Basu Mallick Mr. Raja Saha .... for the State Mr. Abhinaba Dan ...... for the respondent No. 7 The prayer of the petitioner is that the plea for compassionate appointment in a post against death-in-harness and representation made in that regard to the Deputy Secretary of the State Government on 30th April, 2019 by the Principal of the concerned College has not been dealt with till date. A reminder was sent by the Principal to the Deputy Secretary on 18th January, 2021 but to no avail.
The admitted fact is that the petitioner's father died-in-harness on 29th January, 2018 and an application for compassionate appointment was made on 27th February, 2018. The proposal for
compassionate appointment was forwarded by the Principal to the State respondent after a committee set up by the College was satisfied that the petitioner was entitled for compassionate appointment.
It is unfortunate that despite the application being made in 2018, the concerned State respondent has not taken any steps in terms of the representation made by the Principal in 2019 or the reminder sent in 2021.
The Deputy Secretary is accordingly directed to consider the representation made by the Principal of the College or any other representation which the petitioner may choose to make within three week from the date on which the representation is received by the Deputy Secretary. The Deputy Secretary is also directed to hear all concerned parties including the Calcutta University as well as the petitioner and pass a reasoned order within the time directed. A copy of the reasoned order shall be given to the petitioner within three days from the date on which such decision is taken.
Although a plea for compassionate
appointment is not a matter of right, there is no explanation for the delay on the part of the State respondent to consider the said plea for which the respondent should pay costs reasonably assessed as Rs. 10,000/- to Ramkrishna Jana Siksha Mandir, Belur within a fortnight from date.
WPA 21217 of 2021 is disposed of in terms of the above order.
(Moushumi Bhattacharya, J.)