Jyotirmoy Ghatak v. Union of India and Ors.
Case brief
What is this about?
This writ petition challenged the dismissal of an Original Application seeking a review of the rejection of the petitioner's claim for compassionate appointment following his brother's death. The High Court held that the 19-year delay negated the scheme's object of immediate relief and upheld the rejection based on the petitioner's marriage and self-employment.
What the court decided
8 08.08.2024 Ct. No. 11 rrc
WPCT 45 of 2024 (Jyotirmoy Ghatak Vs. Union of India & Ors.)
Mr. Krishnendu Bera Ms. Debolina Chakraborty
…. For the petitioner
Ms. Rashmi Bothra
…. For the respondent
The present writ petition challenges the order dated 16th November, 2023 passed in Original Application (in short, OA), vide. no. 350/00736/2020. By that order, the learned Tribunal dismissed the OA upholding the orders dated 15th March, 2013 and 28th April, 2016 issued by the respondent no.4, which refused to accept the petitioner’s request for compassionate appointment.
Mr. Bera, learned advocate, representing the petitioner, submits that the petitioner’s elder brother, Joydeep Ghatak died-in- harness on 13th December, 1999 while serving as Inspector in the Office of the Collector of Central Excise, Calcutta. Due to untimely demise of the sole bread-earner, the the deceased employee’s family plunged into penury. The petitioner, being an eligible candidate, applied for employment assistance to help the family overcome the financial crisis.
Referring to certain documents, he submits that the Joint Commissioner (P&V) in his letter dated 4th April, 2001 categorically acknowledged that the Commissioner of Central Excise, Calcutta – II Committee had approved the case of the petitioner for appointment in Group – ‘C’ post. Between 2001
Issues for consideration
3 issues framed by the court
Whether the grant of death benefit and family pension precludes the grant of compassionate appointment without denying the underlying objective.
Whether the petitioner's marriage and self-employment render him ineligible for compassionate appointment despite a 2001 approval.
Whether the Tribunal's dismissal of the Original Application warrants interference in the writ petition.
Parties & counsel
- petitioner
Jyotirmoy Ghatak
- respondent
Union of India
Coram
Partha Sarathi Chatterjee
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · August
- Registered
- Case no.
- WP.CT/45/2024
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