Rohit Joarder v. State Of West Bengal & ORS

12.04.2022 ss W.P.A. 25563 of 2017 Rohit Joarder Vs.

The State of West Bengal & ors.

Mr. Sudip Sarkar Mr. S. K. Bhunya Mr. K. P. Santra ... for the petitioner Mr. Jahar Datta Mr. Bipin Ghosh ... for the State The petitioner applied for appointment under the died in-harness category upon demise of his father, who worked as an Executive Engineer in the office of the Panikauri Gram Panchayat within Rajgang Block. It appears that the father of the petitioner died in-harness on 22nd January, 2007. The petitioner was aged about 19 years when he applied for appointment under the died in-harness category. Such application was filed in the prescribed form, on February 21, 2007. The case of the petitioner was referred to the District Panchayat and Rural Development Officer, Jalpaiguri. An enquiry was made in this regard. The case was recommended by the three-man committee sometime in 2008. Thereafter, the matter did not proceed.

It appears that the matter was under active consideration even as late as on 2010 and the District Panchayat and Rural Development Officer, Jalpaiguri requested the Block Development Officer, Rajgang Block to furnish documents in this regard. Such communication was made sometime in 2012.

It appears that since 2012 both the petitioner and the respondents have remained silent over the issue and the petitioner is not aware of the reasons why the matter has kept pending for such a long time. Under such circumstances, the petitioner may apply before the District Panchayat and Rural Development Officer, Jalpaiguri, enquiring the fate of his application. If such application is made, the same shall be disposed of in accordance with law. The petitioner shall be informed as to whether the application of the petitioner was still under consideration or whether the same could not be allowed. In such a case, the reasons shall be disclosed in the reasoned order to be passed and communicated to the petitioner.

The reasoned order shall be issued and communicated to the petitioner within six weeks from receipt of the representation of the petitioner. This Court has not decided the issues raised in this writ petition, but has passed this order only

because the petitioner must be informed the fate of his application.

With the above observations, this writ petition is disposed of.

There shall be no order as to costs.

All parties are to act on the basis of the website copy of this order.

(Shampa Sarkar, J.)