Bishwajit Chaki v. The State Of West Bengal And ORS

Item nos.

01.05.2024 Saswata Calcutta High Court In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA 881 of 2024 Biswajit Chaki versus The State of West Bengal & Ors.

Mr. S.M.Obaidullah Mr. Debajit Kundu Ms. Ankita Dey ...For the petitioner Ms. Bedashruti Bose Mr. Sumit Kumar ...For the State Mr. Bikramaditya Ghosh Ms. Supriya Singh ...For the respondent nos. 2 to 4

1. Affidavit of service filed in Court today is retained with the record.

2. The instant writ petition has been filed, inter alia, praying for a direction upon the respondents to appoint the petitioner on compassionate ground. The father of the petitioner, late Pranay Kumar Chaki was employed with the North Bengal State Transport Corporation (NBSTC). He had joined the service of the NBSTC in November 1988 as a driver. During his service tenure had, unfortunately, expired on 14th January 2011.

3. Although, the mother of the petitioner had applied for compassionate appointment in favour of the petitioner by her application dated 22nd May 2013, no steps have been taken on the basis thereof.

4. It is also the petitioner's case that the subsequent representation made by the petitioner on 4th January 2024 also remains unattended. The petitioner is also not aware as regards the fate of his application for grant of compassionate appointment.

5. Mr. Ghosh and Ms. Bose, learned advocates enter appearance on behalf of the respondent nos. 2 to 4 and on behalf of the State respectively.

6. Mr. Obaidullah, learned advocate appearing for the petitioner submits that the respondents should at least consider the petitioner's representation.

7. Having regard to the nature of claim made by the petitioner and having considered the materials on record and upon hearing the learned advocates appearing for the respective parties, I am of the view that the respondents should, at the first instance, take a decision as regards the representations made by the petitioner and his mother and at least make the petitioner aware as regards the fate of his application.

8. In view thereof, I direct the respondent no. 3 to decide the petitioner's representations / applicantion and dispose of the same by passing a reasoned order within a period of 6 weeks from date.

9. With the above observations and directions, the writ application being WPA 881 of 2024 is disposed of without any order as to costs.

10. Since I have not called for any affidavits, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

11. All parties shall act on the basis of the server copy of this order, duly downloaded from this Court's official website.

(Raja Basu Chowdhury, J.)