Sayani Roy v. The Kolkata Municipal Corporation And ORS

OD-2 ORDER SHEET WPO No.1419 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SAYANI ROY

VERSUS

THE KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date:18th July, 2023.

Appearance:

Mr. Raghunath Chakraborty Adv.

Ms. Amrita De, Adv.

...for the Petitioner.

Mr. Gopal Chandra Das, Adv.

Mr. Sundar Gopal Bhattacharyya, Adv.

... for K.M.C.

The Court:-The father of the petitioner was employed with the Assessment Department of the Kolkata Municipal Corporation. He died-in-harness on 15.11.2020.

The petitioner applied for appointment on compassionate ground in February, 2021. The application of the petitioner was forwarded by the Assessor Collector, Assessment Collection, Tolly Tax Department of the Kolkata Municipal Corporation on 30.07.2021. The application is yet to be disposed of by the authority. The petitioner submits that though she is the married daughter of the deceased employee, but because of her marital dispute she is in need of the job on urgent basis. Prayer has been made for consideration of her application seeking appointment on compassionate ground.

Upon hearing the parties and upon perusal of the documents placed before this Court, it appears that the application filed by the

petitioner seeking compassionate appointment is pending consideration till date.

The concerned authority of the Corporation ought to take a call on the application filed by the petitioner as appointment on compassionate ground have to be dealt with on emergency basis because it relates to the livelihood of the members of the deceased family. The application ought not to be kept pending for an indefinite period of time.

In view of the above, the instant writ petition is disposed of by directing the Municipal Commissioner or his delegate to consider the application filed by the petitioner in accordance with law at the earliest but positively within a period of eight weeks from the date of communication of this order.

In the event any document is wanting from the petitioner, it will be open for the respondent authority to seek for the required documents.

A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

Learned advocate representing the petitioner is directed to forward the application filed by the petitioner seeking compassionate appointment along with all documents in support of her claim to the aforesaid respondent at the time of communicating the order of the Court.

Writ petition stands disposed of.

Affidavit of service filed in Court today is taken on record.

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