Ritu Harijan v. The State Of West Bengal And ORS

01.05.2025 CALCUTTA HIGH COURT (D/L 9) IN THE CIRCUIT BENCH AT JALPAIGURI Ct. No. 1 (Naba) M.A.T. 7 of 2025 With CAN 1 of 2025 Smt. Ritu Harijan Vs.

The State of West Bengal & Ors.

Mr. Anupam Hait (VC) ... for the Appellant 1.

Heard the learned counsel for the appellant.

2.

The appellant seeks to challenge an order passed by the Hon'ble Single Judge on 07.01.2025 whereby the petitioner's claim for compassionate appointment raised in the writ petition has been dismissed.

3.

We find from bare perusal of the order that apart from the issue of delay being considered by the Hon'ble Single Judge, the order under appeal further records that the present appellant who was petitioner before the writ court could not point out any provision in the statute, applicable to university/college services under which a right could be claimed for consideration of compassionate appointment.

The claim was earlier considered by the DPI and by a reasoned order the DPI has rejected the claim considering the provisions of the statute including Clause 2, 4 and 5 thereof. The relevant extract of the order

passed by the Hon'ble Single Judge in this connection reads as follows:

"In any event, the impugned order is reasoned and has been passed after considering all the facts and circumstances of the case. The finding that there is no provision of law or policy or scheme for granting of compassionate appointment insofar as the relevant statute is concerned has not been controverted by the petitioner."

4.

When the petitioner did not dispute the fact that there was no statute providing for compassionate appointment, we fail to see how an order recording such undisputed position has been put to challenge by way of an intra court appeal. 5.

The M.A.T. 7 of 2025 is therefore, dismissed. 6.

Connected application, if any, stands disposed of accordingly.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)