Raja Mandal v. The State Of West Bengal And ORS

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

29.11.2022 Sl. No.61(DL) srm W.P.A. No. 2488 of 2022 Raja Mondal

Versus

The State of West Bengal & Ors.

Mr. Deborshi Dhar ...for the Petitioner.

Mr. Bikramaditya Ghosh ...for the State-respondents.

Mr. Pretom Das ...for the Dinhata Municipality.

The petitioner applied for compassionate appointment. The father of the petitioner, who was an employee of the Dinhata Municipality, died-in-harness on November 29, 2019. The petitioner applied in the prescribed form on January 3, 2020.

It appears that the Chairman, Dinhata Municipality by a letter dated March 30, 2020 forwarded the case of the petitioner to the Director of Local Bodies, West Bengal and Commissioner, Urban Development & Municipal Affairs, Department. A reminder was also sent by the Dinhata Municipality. The petitioner was also informed by the

Chairperson, Board of Administrators, Dinhata Municipality about the steps that had been taken by the municipality pursuant to receipt of the application filed by the petitioner. As the matter is pending for a decision before the Director of Local Bodies, West Bengal and Commissioner, Urban Development & Municipal Affairs, Department, the writ petition is disposed of with a direction upon the Director of Local Bodies, West Bengal and Commissioner, Urban Development & Municipal Affairs, Department to treat the writ petition as the representation of the petitioner and dispose of the same in accordance with law. If the petitioner satisfies the eligibility criteria and there is a provision for compassionate appointment of a dependant of a deceased employee of a municipality, necessary orders shall be passed. If there are reasons for not allowing such appointment, an order assigning such reasons shall be served upon the petitioner.

The entire exercise shall be completed within a period of eight weeks from the date of communication of this order. A copy of the writ petition along with a server copy of this order be served upon the said authority for compliance. The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)