FMA/85/2025 of MANIKANCHAN BAG Vs STATE OF WEST BENGAL AND ORS. on 12 August 2026

1. The appeal has been preferred from a judgment and order dated November 20, 2024 passed in WPA 14239 of 2023. The learned Judge dismissed the writ petition on the ground that, on the basis of the notification dated June 16, 2005, appointment on compassionate ground could not be offered to the appellant, being the dependent of the employee who died-in-harness.

2. According to the authority, the father of the appellant had died at the age of 59 years and, as such, compassionate appointment under the circular of 2005 could not be granted. Had the father of the appellant not attained the age of 50 years, the matter would be considered under the circular of 2025.

3. Learned advocate for the appellant submits that, first of all His Lordship proceeded on the basis that the application for appointment on compassionate ground was filed before the authority sometime in July 2006. This was an incorrect appreciation of facts. Secondly, the circular of 2005 would not be applicable, instead the circular of 2013 bearing no.251-Emp dated December 3, 2013 would be applicable in case of the appellant.

4. We find from the records that, the application of the appellant was forwarded by all the other authorities, treating the same to be within the time limit prescribed under the relevant circular. The same was turned down only on the ground that the application had been submitted late and after more than 10 years from the death of the father.

5. Documents have been annexed to the writ petition and to the application for stay, which clearly indicate that the proforma had been duly filled in and the filled in proforma had been recommended by the Commissioner and Additional District Magistrate, Panchayat and Rural Development, Hooghly to the State Government for appointment on compassionate ground. We also find that the name of the appellant was proposed for compassionate appointment against a particular serial number.

6. Thus, we hold that the delay in making the application, cannot be a ground for rejection. The eligibility under the prevailing circulars at the time of consideration of the application had not been discussed at all. The order impugned is set aside. The order dated April 13, 2023, issued by the Assistant Secretary to the Government of West Bengal is also set aside. The matter is remanded to the Joint Secretary, Government of West Bengal, Department of Panchayat and Rural Development for necessary decision in this regard. We are of the view that the documents do not indicate any delay on the part of the appellant.

7. Under such circumstances, the matter will be decided afresh on the basis of the documents which were forwarded by the Additional District Magistrate and the applicable circular. The appellant will forward all the documents along with a server copy of this order to the concerned respondent within two weeks from date and the concerned respondent will pass a reasoned order with a period of eight weeks from receipt of the appellant’s application.

8. Accordingly, the appeal and the connected application are disposed of.

9. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)

(Arjun Ray Mukherjee, J.)