ANTARA MAJUMDER @ MAZUMDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petition is directed against an order passed by the West Bengal Administrative Tribunal on 26th June, 2019 in O.A No. 338 of 2019 in connection with an application for appointment on compassionate ground. The Tribunal dismissed the said application on the ground that there is a bar under the scheme for compassionate appointment as to the consideration of a case of a minor as well as the prayer for compassionate appointment is not transferable in favour of the minor.

(2.) The matter was heard for almost three days. With the intervention of the learned Government Pleader there is a ray of hope seen in this matter. This matter has a chequered history. The bread earner of the family, namely, Apurbalal Mazumder, was working as 'Darwan cum Nighwatch man ', at the time of his death, in the office of the Assistant Labour Commissioner, Purba Medinipur. He was suffering from kidney disorder. He died on 11th June, 2008 leaving behind his wife and daughter. The daughter was minor at the relevant period of tome.

(3.) The wife of the deceased, namely, Smt. Bharati Mazumder, filed an application on 27th July, 2009 before the appropriate authority for considering her case for compassionate appointment. The department did not immediately respond to the said letter. The matter was followed by a further representation where the widow pleaded for the compassionate appointment of her daughter. It was stated in the said application that the case of the daughter for compassionate appointment may be considered on her attaining majority. The appropriate authority did not respond to the said representation which induces a form of plea in the mind of widow that the case of the daughter will be considered for compassionate appointment as soon as she becomes major. Since no appointment was given to the widow on the basis of income criteria or other criteria, she was entitled to an appointment at the suitable post.