HARINARAYAN KEWAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner has challenged the decision of the West Bengal Administrative Tribunal in O.A. No. 1876 of 2007 before this Court. The order was passed on 17th December, 2009 dismissing the application of the Petitioner for appointment on compassionate grounds. There is no dispute that the Petitioner's father worked as a Police Constable with the Government of West Bengal. He died in harness on 18th December, 1996. The Petitioner was then a minor as the date of birth recorded in his application for compassionate appointment is 20th December, 1979. He applied for being appointed on compassionate grounds in January, 1997. In April, 1997 he received a call letter for recruitment as a Constable with the Bengal Police in Purulia District. The Petitioner was declared underage and unfit because he did not have the necessary physical attributes. An application was submitted by the Petitioner on 8th of November, 1999 for waiving the deficiency in the physical measurements. By an order dated 10th of January, 2007, the Petitioner was intimated that the deficiency in his physical measurements was condoned on compassionate grounds under the exempted category. He was then directed to appear before the Recruitment Committee. The Petitioner was unable to complete the requisite physical efficiency test within the specified time. The Petitioner challenged the inaction on the part of the Respondents before the Tribunal by preferring the aforesaid Original Application.

(2.) The Tribunal dismissed the application on 17th December, 2009 by concluding that the Petitioner had not approached the Court with clean hands. The Tribunal also observed that the alleged immediate need of financial assistance could not be said to exist after a lapse of more than thirteen years.

(3.) The Petitioner, it appears, applied thereafter to be absorbed as a Group 'D' staff with the Police force, without disclosing his earlier application and the result of his test before the Committee. It appears that a letter was issued on 25th of November, 2011 calling upon him to submit his willingness to work in any division in the Group 'D' post.