Ashoke Patra vs State of West Bengal - 2023 Supreme(Cal) 1100

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1100

KAUSIK CHANDA
Ashoke Patra – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mrinal Kanti Sardar, Adv.
For the Respondent: Mrs. Paramita Pal, Adv.

JUDGMENT :

Kausik Chanda, J.

The writ petitions under consideration raise a common legal question pertaining to the applicability of the Calcutta University Act of 1979 (referred to as "the said Act") in conjunction with the Calcutta University First Statutes of 1979 (referred to as "the said Statutes"). The question is whether these legislative provisions include provisions for compassionate appointment. Additionally, the absence of a specific scheme prompts an inquiry into whether the petitioners' case may be considered for compassionate appointment.

2. The relevant provisions of the Calcutta University First Statutes, 1979 are also quoted below:

“CHAPTER-XIII …

3. For the purposes of these Statutes, the employees concerned are classified as follows–

(a) Ministerial Staff comprising the posts of –

(i) Office Superintendent, Cashier, Accountant, Head Clerk, Senior Assistant and Senior Clerk and such other posts as may be approved by the State Government.

(ii) Assistant, Clerk, Library Assistant, Laboratory Assistant, Store Clerk, Store-keeper, Care-taker, Stenographer, Record Keeper, Collection Clerk and such other posts as may be approved by the State Government.

(b) Lower Subordinate Sta