Pritam Mallick vs State Of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 971

KAUSIK CHANDA
Pritam Mallick – Appellant
Versus
State Of West Bengal – Respondent

Advocates Appeared:
For the Petitioner: Mr. N.C. Bihani, Ms. P.B. Bihani, Mr. Soumyajit Ghosh, Mr. Soumya Mukherjee.
For the University : Mr. Amitava Chaudhuri, Mr. N. Roy.
For the State : Mr. Tapan Kumar Mukherjee, Mr. Rajat Dutta, Ms. Saheli Mukherjee.

JUDGMENT :

(Kausik Chanda, J.) :

1. The moot question addressed in these writ petitions is whether, in absence of a scheme, the petitioners in these cases can claim for compassionate appointment. Due to the shared legal question, all the three writ petitions were taken up for hearing together and are disposed of by this judgment and order.

2. Mr. N.C. Bihani, learned advocate appearing for the petitioner in W.P.A. No. 23952 of 2022, has submitted that Statute 5 (CNTE)(4)(a) of the Kalyani University Statutes, namely Statutes Relating to Terms and Conditions of Service and the Minimum Emoluments of Non-teaching Staff of All Colleges Affiliated to the University other than Government Colleges (in short, the said Statutes) provides for a specific provision relating to the recruitment of non-teaching employees on compassionate ground under died in harness category. Mr. Bihani has submitted that in view of the existence of a statutory provision for appointment on compassionate ground, the respondent authorities are obliged to consider the candidature of the petitioners. Mr. Bihani has furt