TARUN CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -In this writ application the petitioner has, inter alia, prayed for issuance of a writ of mandamus directing the respondents to give employment to him on compassionate ground.

(2.) The fact of the matter shortly stated is as follows :- The petitioner's father who was an employee of the respondent Board died on 11.3.1992. It is admitted that there existed a policy decision adopted by the said respondent that in case of death in harness, a dependent of the deceased employee would be provided with a job. However the Respondent-Board issued a circular letter dated 30.4.92 whereby and whereunder a scheme has been introduced for grant of one time financial benefit to the claimant in lieu of employment. The said scheme has been given retrospective effect and retroactive operation with effect from 1.4.1990.

(3.) The only question which, therefore, arises for consideration in the instant application is as to whether the said scheme can be given retrospective effect.