Maya Rani Mondal And ANR v. Kolkata Municipal Corporation And ORS

OD-11 ORDER SHEET WPO No.124 of 2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE MAYA RANI MONDAL & ANR.

VERSUS

KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 28th February, 2024.

Appearance:

Mr. Saptarshi Chakraborty, Adv.

Mr. Tirupati Mukherjee, Adv.

Ms. S. Ghosh, Adv.

....for the Petitioners.

Mr. Alak Kumar Ghosh , Adv.

Mr. Swapan Kr. Debnath, Adv.

....for KMC.

The Court:- Leave is granted to the Advocate-on-record of the petitioners to amend the description of the respondent no.3 in the cause title of the writ petition. The proper respondent should read as 'Commissioner, Kolkata Municipal Corporation'.

The Chief Manager (Personnel), Personnel Department, Kolkata Municipal Corporation be impleaded as party respondent in the instant writ petition. Formality of serving copy of the writ petition upon the added respondent stands dispensed with as the Corporation is already represented by the learned advocate.

The matter relates to appointment on compassionate ground. A permanent employee of the Kolkata Municipal Corporation who was working as a Roller Assistant Cum Junior Mechanic died in harness on 06.08.2018. The employee was survived by his son, his widow and married daughter.

Application for appointment on compassionate ground appears to have been filed by all three heirs of the deceased employee. The instant writ petition has been filed at the instance of the widow and the married daughter of the deceased employee.

Learned advocate representing the Corporation submits, upon instruction, that the employer has taken a decision to afford an opportunity of hearing to all the heirs of the deceased employee and thereafter take a decision regarding issue of compassionate appointment. In view of the above, the instant writ petition is disposed of by directing the Chief Manager (Personnel), Kolkata Municipal Corporation to consider the issue of compassionate appointment to the heir of the deceased employee in accordance with the prevailing scheme after giving a reasonable opportunity of hearing to all the necessary parties. A decision shall be taken in the matter at the earliest, but positively within a period of eight weeks from the date of communication of this order. A reasoned order shall be passed and communicated to all the parties. Writ petition stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm