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Deepak Kumar Shaw v. State of West Bengal & Ors.

Calcutta HC22 Dec 2020WPA/3854/2020

Case brief

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What is this about?

This is a constitutional writ petition where the petitioner sought compassionate appointment for his deceased mother's post, which had been pending for over eight years. The High Court directed the Department to consider the prayer and issue an appointment or reasoned order within eight weeks.

What did the court decide?

Directed the Principal Secretary to consider the prayer for compassionate appointment within eight weeks and pass a reasoned order.

Deepak Kumar Shaw Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2020)

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Item No. 3

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In The High Court At Calcutta Constitutional Writ Jurisdiction 22.12.2020 (Via Video Conference) Ct. No.24

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WPA No. 3854 of 2020

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Sri Deepak Kumar Shaw v. The State of West Bengal & Ors.

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Mr. Bhagwat Chowdhury

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… for the petitioner.

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None appears on behalf of the respondents despite service.

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The petitioner seeks compassionate appointment. His name was enlisted in the panel of eligible candidates in the year 2012. It appears from the documents annexed to the writ petition that the Urban Development and Municipal Affairs Department time and again requested the Howrah Municipal Corporation to forward its rules and regulations for providing appointment on compassionate ground. There are series of communications between the department of Urban Development and Municipal Affairs and the Howrah Municipal Corporation. The petitioner is yet to receive the letter of appointment. The mother of the petitioner who was an employee of the Howrah Municipal Corporation died-in-harness on July 20, 2010.

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From the communications made between the respondent authorities and the Corporation it seems

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that the very purpose of providing appointment on compassionate ground is being overlooked by the authority. The idea of providing compassionate appointment is to tide over the immediate crisis which the family of the deceased employee suffers. The same ought not to be kept pending for ten long years. It is high time that the authorities take a decision with regard to the prayer of the petitioner for being appointed on compassionate ground.

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In view of the above, the instant writ petition is disposed of by directing the Principal Secretary, Urban Development and Municipal Affairs Department to take immediate steps for consideration of the prayer of the petitioner for providing compassionate appointment, strictly in accordance with law, within a period of eight weeks from the date of communication of a copy of this order.

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The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

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The petitioner is directed to forward all the documents in support of his prayer for compassionate appointment to the said respondent at the time of communication of the copy of this order.

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The writ petition being WPA No. 3854 of 2020 stands disposed of.

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Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

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sh ( Amrita Sinha, J.)

Deepak Kumar Shaw v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Deepak Kumar Shaw v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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