Sunil Gayen v. State Of West Bengal And ORS.

06.01 W.P.A. 10445 of 2020 Sunil Gayen -VersusThe State of West Bengal & Ors.

Ct.

No.

akb Mr. Debasis Sur ...For the Petitioner Mr. Susovan Sengupta ...For State Respondents This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated November 05, 2014 passed by the District Controller (F&S), Alipore (S), South 24-Parganas, rejecting the application for appointment of the petitioner on compassionate ground.

The order by itself appears to be a reasoned order. Furthermore, the petitioner has approached this Court only after an advertisement for vacancy has been declared in the year 2020.

It is well settled in a catena of Supreme Court decisions that compassionate appointment is granted to meet the financial hardship of a family and to ensure that the family members do not fall into a sudden pitfall of poverty. Challenge to an order passed in the year 2014 made in the year 2020 does not fulfil the criteria of there being any financial emergency with regard to the petitioner. In the light of the same, the writ petition is dismissed. As the same relates to appointment on compassionate ground, no cost is imposed upon the petitioner.

Since, no affidavit-in-opposition has been called

for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis. ( Shekhar B. Saraf, J.)