WPA/16089/2025 of PRATIM JANA Vs STATE OF WEST BENGAL AND ORS. on 25 September 2026

September 25, 2026

(47) ARDR WPA 16089 of 2025

Pratim Jana Vs. The State of West Bengal & ors.

Adv. Pampa Dey (Dhabal), …for the petitioner. Adv. Madhu Jana, Adv. Puja Sonkar, …for the State.

Report submitted by the State is taken on record. The petitioner’s father was employed as a Gram Panchayat Karmee in Laxmi Janardanpur Gram Panchayat and died in harness on 28th March, 2015. The petitioner’s mother submitted an application before the concerned authority on 1st June, 2015 seeking compassionate appointment for herself or her son. The application was not considered for which the petitioner approached this Court in a writ petition, being WP 16683 (W) of 2017. By an order passed on 31st July, 2017, a coordinate Bench of this Court directed the concerned authority to consider and dispose of the application submitted by the petitioner. The petitioner was provided with proforma application by the authority after the order was passed and submitted the same on 30th October, 2017. His application was forwarded by the Block Development Officer, Patharpratima Development Block to the District Panchayat and Rural Development Officer, South 24 Parganas Zilla Parishad upon certain rectifications being carried out, alongwith all enclosures including three men screening committee report. The District Panchayat and Rural Development Officer, in turn, sent the application for administrative approval to the Commissioner, Panchayat and Rural Development Department, Government of West Bengal. By a letter issued on 4th April, 2025, the Deputy Secretary to the Government of West Bengal communicated the inability of the department to accede to the proposal for appointment on compassionate ground due to delayed submission of the proforma application by the applicant. The said order is impugned in the present application. It appears that the application in plain paper was submitted by the petitioner soon after his father’s demise. However the proforma was submitted on 30th October, 2017. The scheme on compassionate appointment is governed by the notification no.251.Emp. dated 3rd December, 2013. Clause 10(bb) of the notification reads as follows: “The concerned authority in the department/office should meet the members of the family of the deceased Government servant immediately after his death to advise and assist them in getting appointment on compassionate ground. The applicant should be called in person at the very first stage and should be advised in person about the requirement and formalities to be completed by him. A record of such meeting should be kept with the office of the controlling authority and appointing authority”. In the case in hand, no document has been produced by the State to demonstrate compliance of this clause. Therefore it can be concluded that the said clause has not been complied with by the authority. The authority has not called the applicant in person at the first stage or advised him about the requirements and formalities to be completed for compassionate appointment. In view of non compliance of the said mandate by the authority, the application filed by the petitioner could not have been turned down on the ground of delayed submission of the same. The application in plain paper having been submitted soon after the death of the employee, the petitioner is entitled to compassionate appointment. In view of the above, the Commissioner, Panchayat and Rural Development Department, being the 6th respondent herein, is directed to take necessary steps for granting compassionate appointment to the petitioner subject to the petitioner fulfilling the eligibility criteria for the said appointment, within six weeks from the date of communication of this order. In the event the said authority arrives at a decision in favour of the petitioner, necessary consequential steps be taken at the earliest. The writ petition is accordingly disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)