BINA KAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The issue that has fallen for consideration in the present writ petition is whether a stepson of a police personnel of Kolkata Police is entitled to compassionate appointment in the died in harness category.

(2.) Learned advocate appearing for the petitioners has submitted that, the mother of the petitioner No. 2 had married one Ganesh Chandra Saha and out of such wedlock, the petitioner No. 2 and his sister were born on January 23, 1981. Ganesh Chandra Saha had died on January 31, 1989. The mother of the petitioner No. 2 had married Bhola Nath Kar on June 15, 1992. The petitioner No. 2 along with his mother and sister were residing with Bhola Nath Kar till his death on August 27, 2003. Bhola Nath Kar had died in harness as a Traffic Constable under the Kolkata Traffic Police. The petitioner No. 2 had applied for compassionate appointment.

(3.) Learned advocate appearing for the petitioners has submitted that, the Reserve Officer, Traffic Department by letters dated December 28, 2005 and August 6, 2008 requested the petitioner No. 2 to change his surname from "Saha" to "Kar" for the competent authority to consider the prayer for appointment on compassionate grounds. The petitioner No. 2 had applied before the West Bengal Board of Secondary Education for change of name. The petitioner No. 2 had filed a writ petition being WP No. 1617 (W) of 2009 which was disposed of on February 18, 2010 directing the President of the West Bengal Board of Secondary Education to pass appropriate decision on the application of the petitioner No. 2 dated September 4, 2008. The Secretary, West Bengal Board of Secondary Education had corrected all educational qualification certificates of the petitioner No. 2. Such corrected educational testimonials had been submitted with the authorities.