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CALCUTTA HIGH COURT
ANANYA BANDYOPADHYAY
Md. Jakirul Islam – Appellant
Versus
West Bengal State Electricity Distribution Company Ltd. Service – Respondent
| Table of Content |
|---|
| 1. facts outlining the petitioner's claim for compassionate appointment. (Para 1 , 2 , 3 , 4) |
| 2. court's directive for reconsideration of petitioner's application for compassionate appointment. (Para 5 , 6) |
| 3. petitioner's arguments highlighting the arbitrary nature of the rejection. (Para 7 , 8 , 9 , 10 , 11) |
| 4. respondents' arguments regarding compliance with recruitment policy and the rejection basis. (Para 12 , 13 , 14 , 15 , 16) |
| 5. court's analysis of compassionate appointment principles and prior judicial precedents. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 6. court's reasoned justifications for upholding the denial of compassionate appointment. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 7. final conclusion dismissing the petition. (Para 33 , 34 , 35) |
JUDGMENT :
ANANYA BANDYOPADHYAY, J.
1. The petitioner, Md. Jakirul Islam, has approached this Court seeking issuance of a writ in the nature of mandamus commanding the respondent authorities, particularly the West Bengal State Electricity Distribution Company Limited (WBSEDCL), not to give any effect or further effect to the impugned order bearing Memo No. ES & ER-II/Court Case/92 dated 31.10.2018, to set aside the said order
Compassionate appointment is not a right; eligibility depends on immediate financial need, procedural compliance, and previous claims exhaust opportunities for other dependants.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
Compassionate appointment is an exception, not a right, intended for immediate relief to families in financial crisis following the death of a breadwinner, and delays in application undermine this pu....
The main legal point established in the judgment is that the application for compassionate appointment should be reasonable and proximate to the time of the death of the bread earner, and the process....
Compassionate appointment is a concession and should be restricted to genuinely deserving families, with strict scrutiny of various parameters.
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
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