LAWS(CAL)-2023-6-135

ANIMESH PAL Vs. STATE OF WEST BENGAL

Decided On June 05, 2023
Animesh Pal Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The writ petition is directed against an order dated December 11, 2020 passed by the West Bengal Administrative Tribunal.

(2.) By the impugned order, the Tribunal was pleased to note that, the mother of the deceased did not opt to apply for compassionate appointment. At the time of death of the employee, the writ petitioner was a minor. The order rejecting the prayer for compassionate appointment was assailed before learned Tribunal after about a lapse of four (04) years. The learned Tribunal found that there was no merit in the case of the writ petitioner and, therefore, refused to condone the delay in approaching the learned Tribunal.

(3.) Learned advocate appearing for the writ petitioner submits that father of the writ petitioner was a police personnel and that the father of the writ petitioner died on June 1, 1997 due to an assault on the father. He refers to the death certificate of the deceased father of the writ petitioner. He submits that, at the time of the death, the deceased police Constable was survived by four heirs and legal representatives, namely, the mother of the deceased Constable, his wife and two children. The writ petitioner is one of the child of the deceased police Constable and was 9 years old at the material point of time. The mother of the police constable did not apply for compassionate appointment.