LAWS(CAL)-2021-2-24

GOUR SARKAR Vs. STATE OF WEST BENGAL

Decided On February 10, 2021
Gour Sarkar Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present writ petition was filed challenging the impugned order dated March 15, 2019 (for short 'the impugned order') passed by the West Bengal Administrative Tribunal, Kolkata (for short, 'the Tribunal') in OA No. 328 of 2017 (for short 'the original application') (Gour Sarkar -versus- The State of West Bengal and others) filed by the writ petitioner, whereunder the relief claimed by the writ petitioner seeking compassionate appointment in the Home Department of the State was declined.

(2.) The writ petitioner is an Arts Graduate (B.A.). The father of the writ petitioner, since deceased, namely Mukul Sarkar (for short, 'the deceased') was employed as a constable in the Office of the Superintendent of Police, District Murshidabad. The father of the petitioner died on November 12, 2005 leaving behind his widow, two daughters and one son being the writ petitioner herein. At the time of death of his father the petitioner was 11 years old. However, the the two daughters of the deceased were major. The widow of the deceased made a representation dated July 31, 2006 requesting the State Authority that as and when the writ petitioner would become major, appointment on compassionate basis be granted to him, since the deceased had died in harness.

(3.) Upon attaining majority the writ petitioner made a representation and applied for compassionate appointment on the necessary format with all requisite documents before the State Authorities