BUDHU TURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned advocate for the writ petitioner and the learned A.G.P.

(2.) The father of the applicant, a government employee, unfortunately died in harness on 3/11/2015, leaving the family in financial distress. In order to mitigate such hardship, the petitioner promptly submitted an application on 2/3/2016 seeking appointment on compassionate ground. The competent authority, however, by communication dtd. 6/5/2016, returned the application for re-submission along with certain requisite documents. Complying with the said direction, the petitioner took necessary steps, including obtaining affidavits of consent from his mother and brother, thereby fulfilling all procedural requirements. Subsequently, the petitioner submitted the prescribed proforma application on 17/1/2018. Thereafter, the Executive Engineer constituted a Three-Man Committee to conduct an enquiry and submit a report regarding the petitioner's eligibility. The petitioner duly furnished all documents as sought for, including those requisitioned by the Joint Secretary, thereby demonstrating his continuous pursuit of the claim without any deliberate delay.

(3.) Despite such compliance, the petitioner's claim was rejected by the Joint Secretary, Public Works Department, by order dtd. 11/1/2023, solely on the ground that the proforma application had been submitted on 2/2/2018, i.e., beyond two years from the date of death of the employee, rendering the claim untenable under the applicable scheme. Aggrieved thereby, the petitioner approached the West Bengal Administrative Tribunal by filing O.A. No. 515 of 2023. However, the Tribunal, by order dtd. 2/5/2024, dismissed the said application, upholding the rejection. The said order of the Tribunal is under challenge in the present appeal.