SANJOY SINGH TAMTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed assailing the order dated March 1, 2019 (for short, 'the impugned order') passed by the West Bengal Administrative Tribunal, Kolkata (for short, the Tribunal) in OA 21 of 2016 (Sanjoy Singh Tamta vs. The State of West Bengal and Ors.) [for short, Original Application], whereunder, the said Original Application filed by the writ petitioner was dismissed and the claim for compassionate appointment was rejected.

(2.) The father of the applicant namely Amar Singh Tamta, since deceased, was employed as constable in the Office of the Superintendent of Police, Purulia. He died on January 18, 1996 at the age of 55 years during his service tenure. The deceased employee left his widow, one son being the petitioner and married daughter as his legal heirs and successors. At the time of death of the deceased employee the widow was suffering from liver disease and the petitioner was a minor. The petitioner qualified Class-VIII from a school at Purulia. From the relevant school certificate issued by the school authority it appears that the petitioner was born on December 19, 1981. After the petitioner attained the age of majority, the widow on January 12, 2000 applied for his compassionate appointment to the post of Constable. The petitioner was thereafter called for physical measurement tests and was found ineligible. Pursuant to the prayer made by the petitioner for condonation of deficiency, the State employer by its order dated December 29, 2006 grated approval for such condonation for the post of Constable provided otherwise that the petitioner is found fit for such an appointment to the post of Constable, as per the existing Rules and Orders. The widow then on September 7, 2011 further applied for compassionate appointment of the petitioner to a Group-D post instead of constable. The petitioner then filed Original Application being OA 380 of 2013, which was disposed of by the Tribunal vide order dated June 6, 2013 directing the Home Secretary to consider the prayer of the petitioner and pass a reasoned order after granting an opportunity of hearing to him.

(3.) The Principal Secretary, Home Department, vide his order dated June 8, 2015 had rejected the claim of the petitioner for compassionate appointment principally on the ground of delayed application made before the relevant authority and also on the ground that the petitioner was a minor at the time of death of the employee. Being aggrieved by the said decision the said Original Application was filed, which was dismissed vide impugned order.