18.12.2025 Sl No.A708 Ct. No.15 S.A.

WPA 30782 of 2024 Suman Baulia -vs-

State of West Bengal & Ors.

Mr. Abhratosh Majumdar Mr. Avra Mazumder Mr. Sayan Sinha Mr. K. Roy …for the petitioner Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata Mr. Ziaul Haque …for the State The grandfather of the petitioner died in harness on March 19, 2007, while serving as a Gram Panchayat Karmee under the Dulduli Gram Panchayat. Thereafter, his son applied for appointment on compassionate grounds. The compassionate appointment in favour of the petitioner was approved by the respondent authorities on July 27, 2022. However, prior to the grant of such approval, the petitioner’s father had died on March 5, 2016.

Subsequently, the writ petitioner submitted an application seeking appointment on compassionate grounds. As the said application was not considered, the petitioner filed WPA 1488 of 2024.

A Co-ordinate Bench of this Hon’ble Court, by an order dated February 19, 2024, dismissed the said writ petition, holding, inter alia, that the very purpose of granting compassionate appointment—namely, to alleviate the immediate financial crisis of the family of the deceased employee—was absent in the case. Aggrieved by the order dated February 19, 2024, the petitioner preferred MAT 510 of 2024 before a Division Bench of this Court. The Division Bench, however, disposed of the said appeal, observing, inter alia, as follows:

“Ordinarily, we would not have interfered with the order under appeal as apparently it does not suffer from any infirmity. The law governing the subject has been succinctly and correctly summarized by the learned Judge. However, only in view of the fact that approval was granted in favour of the appellant‟s father, albeit after the death of the appellant‟s father, we are directing the Competent Authority to consider the case of the appellant. The respondent No.8 shall take an independent decision in the matter without being influenced by any observation in this order.”

Pursuant to the order passed by the Division Bench, the case of the petitioner was considered by the Commissioner of the Panchayat Department of the State. However, by an order dated June 7, 2024, the petitioner’s prayer was rejected. The said order of the Commissioner dated June 7, 2024 has been challenged by the petitioner. In this order, the Commissioner observed, inter alia, :-

“On perusal of facts and circumstances it is observed that:

i) The father of the petitioner, being a dependant family member of the deceased employee, duly made an application within prescribed time limit which took longer to get enquired, to get it satisfactory on grounds of several compliances required by rules at different layers of administrative machinery and finally got approval of the administrative department in the month of July 2022, which was communicated to the appointing authority soon thereafter vide no. I/209799/2022 dated 27-07-2022. On many occasions actual appointment takes time depending on the availability of suitable vacancy under „exempted category‟ in the roster of appointment. It is also a fact that the Department completed the process of according approval diligently, taking too long albeit, without knowing the fact of death of the applicant Jayanta Baulia. Had the administrative Department been aware of the fact of death during pendency of the application, it could have been disposed in a different manner;

ii) There exists no provision to include grandchild as dependant for the purpose of appointment on compassionate ground in the Labour Department notification No. 97-Emp dated 06-06-2005 prevailing at the time of death of the employee (on 19- 03-2007) or in the G.O. No. 251-Emp dated 03-12-2013 of Labour Department, Govt. of West Bengal read with Notification No. 4097/PN dated 29-09-2014 of the Panchayats and Rural Development Department, Govt. of West Bengal on the basis of which the approval for appointment on compassionate ground was accorded in the year 2022;

iii) Compassi