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2022 Supreme(Cal) 979

HARISH TANDON, RABINDRANATH SAMANTA
Kongkon Mondal – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Dilip Kr. Samanta, Adv, Mr. Biswapriya Samanta, Adv, Mr. Debapriya Samanta, Adv, Mr. Debanshu Ghorai, Adv, Mr. Md. Ashraful Haque, Adv, for the Appellant; Mr. Tapan Kr. Mukherjee, Adv. Mr. Biswabrata Basu Mallick, Adv. Mr. Sayan Ganguly, Adv, Mr. Debopriya Gupta, Adv, Mr. Arijit Majumdar, Adv, for the Respondent

JUDGMENT

Harish Tandon, J. - These two writ petitions are taken up together as the common point of law was raised and argued by the appearing counsels. A question which is involved in the aforesaid writ petitions is whether an application for compassionate appointment at the behest of a dependent shall be considered on the rules prevalent at the time of the death of the employee or at the time of consideration of an application.

2. There has been a divergent opinion on the above and in fact, the matter was referred to a larger Bench and we have given to understand by the appearing counsels that the larger Bench has not decided as yet. However, in course of the hearing we have been taken to various judgments rendered by the Supreme Court even prior in time of the reference having made and/or thereafter.

3. Mr. Samanta, appearing for the writ petitioner in WPCT 99 of 2021 was persistently insisting for adjourning the matter sine die till the larger Bench decides the matter but we should not detain ourselves in comprehending the law as the Supreme Court consisting of three Judges have elucidated and analysed all the conflicting judgments and reinstated the law as it stands. To have more

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