Sunati Shil v. The State Of West Bengal And ORS.

In the High Court at Calcutta In the Circuit Bench at Jalpaiguri 08.01.2025 08 Ct. No.01 Sws.M WPA 2551 of 2024 Sunati Shil -Vs.- The State of West Bengal & Ors.

Mr. S.M. Obaidullah Mr. Roni Chowdhury Ms. Ankita Dey ...for the petitioner Mr. Pritam Das Mr. Nabankur Paul ...for the State Mr. Subhasish Misra ...for the respondent Nos. 5 & 6 This is the second round of litigation between the parties.

Pursuant to an earlier round of litigation the Coochbehar Zilla Regulated Market Committee has passed a reasoned order dated 10 August, 2024 rejecting the prayer for compassionate appointment made by the petitioner.

It is submitted on behalf of the petitioner that insofar as the impugned order records that there is a delay of seventeen years in the filing of an application for compassionate appointment, the same is ex facie erroneous. In fact, the application for compassionate

appointment was made contemporaneously upon the death of the deceased employee as far back as on 7 January, 2008.

Both the State and the Coochbehar Zilla Regulated Market Committee are represented.

Advocate for the State fairly submits that there is an inadvertent bonafide error in the impugned order. Despite the correct memo numbers having been referred to in the impugned order, the order wrongly records that there has been a delay of seventeen years in the filing of the application. In view of the submissions made on behalf of the parties, the impugned order dated 10 August, 2024 is set aside. The matter is remanded afresh to the Coochbehar Zilla Regulated Market Committee to consider and dispose of the prayer for compassionate appointment in accordance with law and preferably within a period of eight weeks from the date of communication of this order.

It is made clear that the setting aside of the above order has not been on merits and the Committee is to decide the matter strictly in accordance with law.

With the above directions, WPA 2551 of 2024 stands disposed of.

However, there shall be no order as to costs. (Ravi Krishan Kapur, J.)