Shatanik Dasgupta v. State Of West Bengal And ORS.

ORDER SHEET WPO/70/2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SHATANIK DASGUPTA -VSSTATE OF W.B. & ORS.& ORS.

BEFORE:

THE HON'BLE JUSTICE RAJASEKHAR MANTHA DATE: FEBRUARY 23, 2021.

Ms. D. Chattorah, Adv.; Mr. A. Chaturvedi, Adv., for petitioner. Ms. C. Bhattacharyya, Adv., with Ms. U. Paul(Samanta), Adv. ...for State.

The Court: The petitioner's father was employed as a Borough Youth Officer under the Directorate of Sports and Youth Affairs Department, Government of West Bengal, when he died in the year 2001. The petitioner claims that he was a minor at the relevant point of time. He further claims that applications for compassionate appointment might have been made by his sisters, but he has no records. His mother, however, had not made any application for such appointment in the year 2001. The mother passed away in the year 2007.

The application for compassionate employment made by the petitioner for the first time in the year 2018 had not been considered. The said application was followed up by subsequent applications made in the years 2019, 2020 and 2021. This Court notes that the prayer for compassionate appointment is hopelessly delayed by at least 17 years. Compassionate appointment itself being an exception to the general rules of employment and the fact that the petitioner, who was a minor at the time of his father's death, has now grown up to be a major and is now 25 years of age, the purpose of compassionate employment does not exist. Hence, WPO No.70 of 2021 stands dismissed. There will, however, be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties subject to their compliance with all the requisite formalities. (RAJASEKHAR MANTHA, J.) tk