LAWS(CAL)-2021-6-32

STATE OF WEST BENGAL Vs. SUJIT PAL

Decided On June 03, 2021
STATE OF WEST BENGAL Appellant
V/S
Sujit Pal Respondents

JUDGEMENT

(1.) This writ petition assails the impugned order dated July 20, 2017 (for short, the impugned order) passed by the West Bengal Administrative Tribunal, Kolkata, (for short, the Tribunal) in OA 48 of 2017 (Sujit Pal vs. The State of West Bengal and Ors.) [for short, the Original Application] whereby the case of the respondent for compassionate appointment in place of a work charged employee was directed to be reconsidered by the State employer.

(2.) Parameswar Pal since deceased, the father of the respondent was working as a Driver, Group-I in the Office of the Superintending Engineer, Public Works Department, South Western Circle, Disrict Paschim Medinipur. The employee was appointed on May 12, 1992 and expired while in service on October 5, 2006. At the time of demise, the employee left his widow and three sons. The respondent is the second son of the employee.

(3.) Immediately after the death of the employee the elder son Prasenjit applied for compassionate appointment in his favour. During pendency of his claim Prasenjit died on January 12, 2008. After the death of Prasenjit the respondent being the second son of the employee applied for his compassionate appointment in 2011. After the death of the employee the widow was receiving family pension. The widow died in 2015 and since, then the younger brother of the petitioner being the youngest son of the employee had started receiving pension. Though the respondent was asked to appear before the relevant authority of the State employer for consideration of his case in 2012, no positive step was taken.