Uttam Gharai v. State of West Bengal and Ors.
Case brief
What is this about?
Compassionate appointment; death in harness 01.12.1998; rejection of mother's claim 28.08.2008; West Bengal Administrative Tribunal non-functional (no members); writ petition filed relying on Roger Mathew v. South Indian Bank Ltd., (2020) 6 SCC 1; successive/multiple Original Applications for the same relief not maintainable; remedy for non-compliance with a Tribunal order lies in an implementation application or contempt proceedings, not a fresh O.A.; delay of twenty-seven years detrimental to compassionate appointment claim; O.A. No. 252 of 2025 order dated 24.07.2025 (CMOH, Nandigram Health District, Nandigram, Purba Medinipur); O.A. No. 73 of 2026 dismissed as consequence; writ petition dismissed; liberty to pursue implementation in accordance with law; W.P.S.T. 80 of 2026; Bench: Madhuresh Prasad and Prasenjit Biswas, JJ.
What did the court decide?
None; the petitioner remains at liberty to pursue implementation of the Tribunal's order dated 24.07.2025 in O.A. No. 252 of 2025 in accordance with law.