Shubham Datta v. State Of West Bengal And ORS.

Item No.8 27.02.2023 Court. No. 19 GB WPA 28682 of 2022 Sri Shubham Datta Vs The State of West Bengal & Ors.

Mr. Pradip Kumar Chatterjee, Mr. Chittapriay Ghosh, Ms. Priyanka Saha ... for the Petitioner.

Mrs. Jhuma Chakraborty, Mr. Aritra Ghosh ... for the State.

The original letter written by the Additional Secretary to the Government of West Bengal dated February 13, 2023 to the District Magistrate, Murshidabad is taken on record. The letter reads as follows:- "I am directed to state that the appointment of Shri Shubham Datta, S/o- Late Utpal Kumar Datta, Ex- Panchayat Clerk, Bharatpur-II Block, Murshidabad residing at Vill.- Jemo Raghunathpur, P.O.- Jemo Rajbati, P.S.- Kandi, Dist.- Murshidabad, PIN- 742140, on compassionate ground has been approved by the Secretary as well as the Hon'ble M.I.C. of this Department in term of Labour Department Notification No. 251-Emp. Dated:

03.12.2013 read with Notification No. 26 Emp. Dated: 01.03.2016.

I am further directed to request you kindly to make necessary arrangement to appoint Shri Shubham Datta in a Group-'D'

post in Exempted Category in an available berth under your administrative control after completion of necessary formalities at the earliest under intimation to this Department." Under such circumstances, the writ petition is disposed of with a direction upon the District Magistrate, Murshidabad to grant appointment to the petitioner in the immediate available vacancy in a Group-'D' post in the

category of died-in-harness/exempted category in terms of the order of the Additional Secretary to the Government of West Bengal, Department of Panchayats and Rural Development.

It is expected that formalities with regard to such appointment shall be completed within a period of four weeks from date.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

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

(Shampa Sarkar, J.)