The petitioner, whose sister and she had given a no-objection declaration waiving compassionate employment rights for their mother's appointment, sought to challenge the appointment on grounds of minority. The Court held the declaration binding and dismissed the writ petition.
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17.05.2022 sayandeep Sl. No. 13 Ct. No. 05
WPA 6736 of 2022
Sima Das -VersusThe State of West Bengal & Ors.
Mr. Bratin Kr. Dey
Mr. Pradeep Pandey
…… for the petitioner Mr. Swapan Kr. Dutta Mr. Tapas Kr. Mandal
…. for the State
Ms. Lina Majumder
….. for the University
The declaration given by the petitioner and her sister, Jhuma Das on 22.06.2006 shows that the petitioner and her sister, being the “dependents” of the petitioner’s mother Sulekha Das, had declared that the dependents “shall not claim any employment in the Viswavidyalaya on compassionate ground as aforesaid.” The petitioner’s mother Sulekha Das, had been given employment on compassionate basis in the University upon the death of her husband and the petitioner and the sister had given their no objection to the appointment.
In view of the declaration given, this Court finds no basis in the argument that the petitioner was a minor at that point of time. The declaration stands and the petitioner is bound by it.
WPA 6736 of 2022 is dismissed in view of the above.
(Moushumi Bhattacharya, J.)
1 issue framed by the court
Whether the declaration given by the petitioner preventing compassionate appointment binds her despite claims of minority at the time.
Sima Das
The State of West Bengal and Another
Moushumi Bhattacharya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
