IRSAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition as filed under Article 226 of the Constitution of India, the writ petitioner has challenged the vires of the letter no. BGVB/HO/HR/3300/2021 dtd. 6/9/2021 whereby and whereunder the respondent nos. 2 to 5 observed that the present writ petitioner is not fit for being appointed on compassionate ground.

(2.) The facts leading to filing of the writ petition is discussed hereunder in a nutshell.

(3.) One Sk. Faijudin, the deceased father of the present writ petitioner took his last breath on 4/8/2020, when he was employed as an Office Assistant in Bangiya Gramin Vikash Bank (hereinafter referred to as the said Bank ) leaving behind his wife and four sons including the present writ petitioner. After the death of the father of the present writ petitioner, the writ petitioner made an application before the bank for providing him an appointment under compassionate ground and on such application an enquiry was conducted by the Branch Manager of the said bank wherein it was found that all the legal heirs of the deceased including the writ petitioner were unemployed and were dependent on the deceased. Subsequently on 19/3/2021, the respondent no.3 being the Chief Manager of the said Bank under cover of his letter dtd. 19/3/2021 informed the writ petitioner that he cannot be considered for appointment on compassionate ground. Challenging the said communication of the respondent no.2 the present writ petitioner filed a separate writ petition being WPA no. 10640/21 which was disposed of on 1/7/2021 whereby and whereunder the decision dtd. 19/3/2021 of the bank authority was set aside with a direction to the respondent no.2 i.e. General Manager of the said bank to consider the application for compassionate appointment of the present writ petitioner in terms of the Clause 2 and Clause 5 of the Scheme upon hearing the petitioner and upon considering the financial condition of the deceased employee. In view of such direction of this Hon ble Court a fresh enquiry was conducted and on conclusion of same, impugned regret letter dtd. 6/9/2021, was issued in favour of the present writ petitioner.