The High Court dismissed a writ petition challenging the rejection of compassionate appointment. The court held that no grounds existed for interference as the family's income was sufficient.
The writ petition is dismissed without order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
28.08.2023 Item No.45 Ct. No.5 CHC
WP.ST 41 of 2022
Dipayan Moitra Vs.
The State of West Bengal & ors.
Mr. Raja Biswas,
Mr. Abhijit Sarkar
…for the writ petitioner
Mr. Biswabrata Basu Mallick
…for the State
The writ petition is directed against an order dated September 26, 2018 passed by the West Bengal Administrative Tribunal in O.A.587 of 2018.
By the impugned order, the claim for compassionate appointment was rejected.
It appears from the records that, the death of the employee occurred on September 23, 2009. The writ petitioner applied for compassionate appointment on December 23, 2009. The claim was rejected on July 12, 2011 on the ground that the total monthly income of the family is more than 90% by the salary received by the deceased employee. The writ petitioner thereafter filed repeated representations and ultimately approached the Tribunal by way of O.A.587 of 2018.
The father of the writ petitioner was in government service on the date of death of the mother of the writ petitioner on September 23, 2009.
2
Therefore, the family was not in need of immediate financial assistance.
Moreover, an order of rejection of compassionate appointment made on July 12, 2011 was assailed before the Tribunal in 2018.
In such circumstances, we find no ground to interfere with the impugned order of the Tribunal.
WP.ST 41 of 2022 is dismissed without any
order as to costs.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
1 issue framed by the court
Whether the golden rule regarding compassionate appointment should be applied given the family's total monthly income exceeded 90% of the deceased's salary.
Dipayan Moitra
The State of West Bengal
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
