Majidul Rahaman v. The State Of West Bengal And ORS

Sl No. 26 07.03.2022.

Ct No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction (Via Video Conference) WPA 395 of 2022 Majidul Rahaman -versus The State of West Bengal & Ors.

Mr. Subhasish Misra Mr. Swarup Das ... for the petitioner.

Mr. Subir Kumar Saha Ms. Bedashruti Bose ... for the State.

Leave is granted to the learned advocate-onrecord of the petitioner to implead the Joint Secretary, Department of Panchayats & Rural Development (PRI Cell) as party respondent in the instant writ petition. The formality of serving a copy of the writ petition upon the said respondent stands dispensed with as the State Government is already represented through the learned advocate.

The petitioner seeks compassionate appointment.

It appears from the documents annexed to the writ petition that the proposal for

appointment on compassionate ground under Serial No. 1299 was forwarded by the Additional Director, Panchayats & Rural Development, West Bengal to the Joint Secretary to the Government of West Bengal, Department of Panchayats and Rural Development (PRI Cell) way back on February 22, 2021. The same is yet to be finalized.

The respondent authorities failed to appreciate that prayer for appointment on compassionate ground ought to be dealt with extreme urgency as the matter relates to the livelihood of the heir(s) of the deceased who may be faced with sudden financial crisis on the death of the bread earner.

The matter appears to have been kept pending for a considerable period of time for no plausible reason.

Accordingly, the instant writ application is disposed of by directing the Joint Secretary to the Government of West Bengal, Department of Panchayats & Rural Development (PRI Cell) to take a decision with regard to the proposal forwarded by the Additional Director, Panchayats & Rural Development in February 2021 at the earliest, but positively within a period of eight

weeks from the date of communication of a copy of this order.

The said respondent shall intimate the petitioner the fate of his application immediately thereafter.

The petitioner is directed to forward copy of all the documents in support of his prayer for compassionate appointment to the aforesaid respondent at the time of communicating the order of this Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)