ASHOKE KUMAR MAITI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) To lit up the claim for compassionate appointment, the petitioner has sought for Mandamus and for other ancillary reliefs within the fold of writ application.

(2.) However, to appreciate the controversy raised in this case by the contesting parties for compassionate appointment, a brief sketch of the facts is essential, in default, there will be an overwhelming confusion of facts and law.

(3.) In the revision, the facts canvassed by both the parties through the petition and the affidavit-in-opposition clearly show that both the brothers are battling over the compassionate appointment in the Panchayat projecting a competition of title as between the two claiming an appointment when their father who was a Dafadar of the Gram Panchayat in police station Chandipur, District Midnapore died in harness on 19.9.92. It is needless to repeat that Basanta, since deceased was survived by his sons, daughter and widow and on the death of Basanta both the sons advanced their claim for compassionate appointment under Bojolalchawk Gram Panchayat. The bedrock of the petitioner's claim is founded on an application dated 15.11.91, where Basanta, since deceased, spoke for the appointment of the petitioner in the event of his death. The petitioner, in pursuance of the pious wish of his father, put in an application on 11.11.92 disclosing the state of affairs, following which, the Gram Panchayat took a resolution on 10.12.92, Annexure 'B'.