WP.ST/162/2026 of GOURI ROUTH @ GOURI RAWAT Vs STATE OF WEST BENGAL AND ORS. on 20 August 2026

1. Heard the learned advocate for the writ petitioner/applicant and the learned State advocate.

2. An admitted position in the case is that the petitioner, daughter of the deceased employee (mother), was claiming a compassionate appointment, when she has a father, who was a Government servant and post-retirement is drawing pension. It is not a case of the applicant/writ petitioner left in penury due to loss of the sole bread earner. The petitioner’s father was also a Government servant and drawing pension. On the grounds of ineligibility due to income, the claim was rejected by the authorities by their letter dated 20.09.2023. The same is put to challenge before the West Bengal Administrative Tribunal (‘S.A.T.’ for short) in O.A. No. 570 of 2023.

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3. The writ petition is filed since the S.A.T. is right now non-functional for want of a member. The petitioner’s O.A. thus has been pending for about three years now.

4. We, thus, consider to take up the matter, since the learned advocate for the petitioner relied upon decision of the Hon’ble Supreme Court of India in the case of Rojer Mathew Vs. South Indian Bank Ltd. & Ors. reported in (2020) 6 SCC 1.

5. Having considered the admitted position noted above, there being no element of penury as requisite under the Scheme for compassionate appointment, we find no infirmity in decision of the authority dated 20.09.2023 rejecting the petitioner’s claim.

6. The Writ Petition is dismissed.

7. Pendency of the Original Application (O.A. 570 of 2023) before the S.A.T., would also serve no useful purpose. The same is also dismissed.

8. Copy of this order be communicated to the Registry of the S.A.T.

(Madhuresh Prasad, J.)

(Partha Pratim Roy, J.)