Sandip Sing And ANR v. The Senior Deputy Managaer (Pa And Ir) And ORS

07.11.2022

IN THE HIGH COURT AT CALCUTTA

ss CONSTITUTIONAL WRIT JURISDICTION 23 APPELLATE SIDE W.P.A. 22077 of 2022 Sri Sandip Sing & ors.

Vs.

The Senior Deputy Manager (P & IR), Haldia Dock Complex & ors.

Mr. Meghnath Datta Mr. Sk. Siddique Rahaman ... for the petitioners Mr. Kalyan Kr. Chakraborty Mr. Raj Kr. Sain ... for the respondent nos.1,2 & 4 In this writ petition the petitioner no.1 prays for compassionate appointment since his father died inharness on July 17, 1996. The father of the petitioner nos.1 and 2 worked as a yard porter at Haldia Dock Complex. Initially, an application for compassionate appointment was made by the petitioner no.3, the wife of the deceased employee on August 19, 1996. The said application was rejected on the ground that she was unfit for the said post. The authorities granted family pension to the petitioner no.3 along with other death benefits sometime in June, 1998. Mr. Meghnath Datta, learned Counsel appearing on behalf of the petitioners submits that the petitioner no.1 is an unemployed youth and is entitled to be considered for compassionate appointment in place and stead of his father.

Mr. Kalyan Kumar Chakraborty, learned Counsel appears on behalf of the respondents and submits that the petitioner no.1 is not entitled to compassionate appointment due to lapse in time between the death of the his father and the application made by him for compassionate appointment.

Having considered the rival submissions of the parties and materials placed on record, this Court finds that the petitioner no.1 attained the age of 18 years, admittedly, at least 9 years back. The purpose of compassionate appointment is to help a family to tide over the immediate crisis that arises due to sudden death of the breadwinner of the family.

The petitioner has approached the Court at a very belated stage.

In the circumstances, this Court finds that the petitioner no.1 is not entitled to any relief. W.P.A. 22077 of 2022 is hereby dismissed.

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 copy of this order, if applied for, be handed over to the parties on usual undertaking.

(Lapita Banerji, J.)