The Calcutta High Court directed the Commissioner of the Department of Panchayats and Rural Development to review the petitioner's long-pending claim for compassionate appointment through a dedicated cell within four months.
Direction to set up a cell and review the petitioner's claim for compassionate appointment within four months.
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Item No. 3
In The High Court At Calcutta Constitutional Writ Jurisdiction
14.12.2020 Ct-24
WPA No. 8765 of 2020
Md. Nazre Alam
v.
The State of West Bengal & Ors.
Mr. Mahammad Mahmum Ms. Pinki Das … for the petitioner.
Mr. Biswabrata Basumallick Mr. Sanjib Das … for the State.
The petitioner prays for appointment on compassionate ground. The Panchayats & Rural Development Department by a Memo dated October 12, 2011 recommended the candidature of the petitioner for being appointed on compassionate ground.
The petitioner alleges that since thereafter no steps have been taken by the respondent authorities for issuing the appointment letter in his favour.
The petitioner has alleged in paragraph 13 of his writ petition that two candidates recommended after the petitioner have already been given appointments whereas his case has been ignored by the authority.
Similar writ petitions were taken up for consideration by this Court and by a judgment dated September 6, 2019 in the matter of Bimal Kumar Patra
2
v. State of West Bengal & Ors. [WP No. 4187(W) of 2018] the Court was pleased to direct the Commissioner of the Department of Panchayats and Rural Development to set up a dedicated cell/mini secretariat comprising a team of officers headed by an officer at the level of a Joint Secretary to review each and every claim in the districtwise provisional panel and take steps in accordance with law. The Court held that the Commissioner shall remain the ultimate recommending authority in command of the dedicated cell/ mini secretariat.
It appears that the petitioner made a composite representation on August 14, 2020 highlighting his grievances.
The cell so set up by the Commissioner shall consider the representation made by the petitioner within four months from the date of his receipt of a copy of this order and review the status of his appointment in the district-wise provisional panel. The reasoned order shall be communicated to the petitioner immediately thereafter.
WPA No. 8765 of 2020 is disposed of.
Urgent xerox certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.
sh ( Amrita Sinha, J.)
1 issue framed by the court
Whether the Commissioner of the Department of Panchayats and Rural Development must review and act on the petitioner's claim for compassionate appointment after setting up a dedicated cell.
Colour shows how this judgement treated each authority
Bimal Kumar Patra v. State of West Bengal & Ors.Referred¶13
Bimal Kumar Patra v. State of West Bengal & Ors. [WP No. 4187(W) of 2018]
1 provisions across 1 enactments
Md. Nazre Alam
The State of West Bengal
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
