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 relief 's within the fold of writ application.

(2.) However, to appreciate the controversy that arises 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.) The revision of the facts canvassed by both the parties through the petition and the affidavit -in -opposition clearly shows that both the brothers are battling over the compassionate appointment in the Panchayat projecting a competition of title as between the two entitled to an appointment when their father who was a Deader of Gram Panchayat in Chandipur P.S., district Midnapore, who died in harness on September 19, 1992. 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 the Bhojolalchawk Gram Panchayat. The bedrock of the Petitioner's claim is founded on an application dated November 19, 1991, 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 November 19, 1992, disclosing the state of affairs, following which the Gram Panchayat took up a resolution on December 10, 1992. Annex. 'B'.