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CALCUTTA HIGH COURT
ANANYA BANDYOPADHYAY
Md. Jakirul Islam – Appellant
Versus
West Bengal State Electricity Distribution Company Ltd. Service – Respondent
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, and to consider and grant his appointment under the “die-in-harness” category, condoning the delay, if any, and to forward all requisite papers concerning his service to the competent authority for immediate appointment in accordance with his qualification.
2. The petitioner’s claim emanated from the death of his father, Nurul Islam, who was employed as a Junior Manager under the Pakua Sub-Division of the Chanchal Division, WBSEDCL. The deceased employee, having rendered long, unblemished, and efficient service since his appointment in 1973, expired on 23rd March, 2012, prior to the age of superannuation, being survived by his dependents in severe financial distress. The deceased left behind his widow and eight children, of whom the petitioner was one. The decea
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.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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