Biswajit Sarkar v. State Of West Bengal And ORS.

16.09.2025 Sl. No.197(DL) Ct. No.42 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 22862 of 2024 Biswajit Sarkar

Versus

The State of West Bengal & Ors.

Mr. Pulkesh Bajpayee ...for the Petitioner.

Mr. Santanu Kumar Mitra, Mr. Pinaki Dhole, Mr. Avishek Prasad, Mr. Amartya Pal ...for the State.

1. By the present writ petition, the petitioner seeks direction upon the respondent authorities particularly the respondent Nos.2 to 6 to provide employment to the petitioner on compassionate ground.

2. The petitioner contends that his father, namely, Anil Sarkar died on 6th February, 2021 leaving behind the petitioner and the respondent Nos.8 and 9 as the only legal heirs. At the time of his death, the father of the petitioner was a permanent gram panchayat karmee at Jatradanga Gram Panchayat, Malda. Upon such demise of the father of the petitioner, he submitted an application before the concerned authority on 13th April, 2021 for his appointment on compassionate ground. Thereafter

several directions were issued by the authority concerned for removal of discrepancies, which have been duly complied with by the petitioner. However, till date the appointment of the petitioner on compassionate ground has not been made. Hence, this writ petition.

3. Mr. Pulkesh Bajpayee, learned Advocate for the petitioner submits that the respondent No.3, the Additional District Magistrate (Panchayat), Malda be directed to expedite the process for appointment of the petitioner on compassionate ground.

4. Mr. Pinaki Dhole, learned Advocate for the State submits that at the initial stage there were certain discrepancies and letters have been issued to the petitioner to remove such discrepancies. The delay has been caused due to the Panchayat Election in the year 2023 and thereafter Parliamentary Election in the year 2024. However, he concedes that direction may be issued to the authority concerned.

5. In view of the aforesaid submissions advanced by respective parties, the writ petition being WPA 22862 of 2024 is disposed of directing the respondent No.3, the Additional District Magistrate (Panchayat), Malda to take necessary steps, if not already taken, for expeditious consideration of the application of the petitioner for appointment on compassionate ground within a period of eight weeks from date of communication of this order.

6. Learned advocate for the petitioner is directed to communicate this order to respondent No.3, the Additional District Magistrate (Panchayat), Malda.

7. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

8. Interim order, if any, stands vacated.

9. All connected applications, if any, stand disposed of.

10. There shall be no order as to costs.

11. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

12. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)