Dil Bahadur Bhujel v. The Principal Secretary, Public Enterprises And Industrial Reconstruction Department And ORS

Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Jurisdiction ------ 36 11.9.2024 WPA 1864 OF 2024 Sc Ct. no.2 ------------ Mr. Dil Bahadur Bhujel Vs.

The Principal Secretary, Public Enterprises & Industrial Reconstruction Department, Govt. of West Bengal & Ors.

Mr. Pratap Khati Ms. Bandana Rai.

....For the Petitioner Mr. Subir Kumar Saha, Ld. AGP Ms. Pratusha Dutta Chowdhury.

....For the Respondents State Affidavit-of-service, filed in Court today, is taken on record.

Mr. Pratap Khati, learned advocate appears for the petitioner.

Ms. Pratusha Dutta Chowdhury, learned advocate led by Mr. Subir Kumar Saha, learned Additional Government Pleader appears for the State respondents.

This is the second round of writ litigation.

The petitioner claims compassionate appointment since his father died-in-harness on November 23, 1995.

The application for compassionate appointment was submitted by this

petitioner, namely, Sri Dil Bahadur Bhujel on January 4, 1999 as would be evident from the order of the District Magistrate dated January 28, 2015 at page 64 to this writ petition.

In the first round of writ petition a coordinate Bench passed its order on September 15, 2014 in W.P. 25384 (W) of 2014 directing the authority to consider the case of the petitioner. Pursuant to and in terms of the said direction the case of the petitioner was considered by the respondent no.3 when he referred the matter before the Government for consideration as would be evident from the order of the respondent no.3 dated March 24, 2015 at page 65 to the writ petition. By a communication dated February 10, 2016 at page 77 to the writ petition, the commissioner informed that, there was no policy in existence for Appointment on Compassionate Ground in State Public Sector Enterprises where the father of the petitioner was working, under the notification dated April 28, 2015.

Be that as it may, the elementary rule relating to compassionate appointment is that, to seek a compassionate appointment the intending candidate must apply within the period of two years from the date of the death. In the facts of this case death took place on November 23, 1995

and the application was filed on January 4, 1999, as narrated above, admittedly far after two years from the date of death.

To provide compassionate appointment is a benevolent policy of the State. Such policy has to be followed in its strict spirit and sense. The policy for compassionate appointment provides that, the application must be submitted within two years from the date of death.

In view of the foregoing reasons and discussions and considering the stringent employment scenario prevailing, this Court is of the firm view that, no equity can be shown to the petitioner and this writ petition is totally devoid of any merit and is liable to be dismissed.

In view of the above, this writ petition, WPA 1864 of 2024 stands dismissed, without any order as to costs.

(Aniruddha Roy, J.)