S/L 26

24.02.2026 Court No.04 B.K.N W.P.S.T. 166 of 2023 Kartic Alias Kartick Biswas Vs.

The State of West Bengal & Ors.

Mr. Uttiya Ray, Mr. Ashutosh Pal, Mr. Atish Santra … for the Petitioner.

Mr. Tapan Kumar Mukherjee, Ld. AGP, Ms. Sangeeta Roy … for the State.

1. Heard learned advocate for the petitioner and the learned advocate for the State.

2. The present petitioner made a claim for appointment on compassionate ground in view of demise of his father in harness. His claim was rejected on 03.05.2018 by an order issued by the Joint Secretary to the Government of West Bengal in the Public Works Department. The reason assigned for rejection of the claim was that the petitioner’s father was not brought in the regular establishment.

3. The order of the Joint Secretary dated 03.05.2018 was assailed by the writ petitioner before the West Bengal Administrative Tribunal (SAT) in O.A. No. 40 of 2019. The Tribunal set aside the order of the Joint Secretary dated 03.05.2018 and remitted the matter to authority to reconsider by a reasoned and speaking order after affording an opportunity of hearing to the writ petitioner and on going through the records, considering the law laid down in the judgment of one Manoj Kumar Sharma

4. After consideration in terms of the order passed in O.A.

No. 40 of 2019 an order with reason was passed by the Secretary to the Government of West Bengal in the Public Works Department. The same contains conclusion in the following terms:

“C. Conclusion As per direction of The Hon’ble West Bengal Administrative Tribunal opportunity of hearing to the applicant was given and the records verified again. After verification of the records it is concluded that

1. None can claim compassionate appointment, on the occurrence of death/ medical incapacitation of the concerned employee, as if it were a vested right, and any appointment without considering the financial condition of the family of the deceased is legally impermissible.

2. Compassionate appointment can only be made on Group C and Group D posts subject to satisfaction that the family members have been facing financial distress and that an appointment on compassionate ground may assist them to tide over such distress is not enough, a dependent must fulfill the eligibility criteria for appointment.

3. The applicant did not fulfill the criteria of educational qualification and maximum age limit as per extant rules since he is Class VI pass and his present age is more than 45 years.

4. In spite of considering the deceased employee deemed to have been absorbed in the regular establishment the present applicant is ineligible on other criteria.

D. Order with reason

1. In view of the above it is finally concluded that the application dated 29.06.2011 of the applicant has been scrutinized in the light of relevant Government orders which are in force. After scrutinizing the application it is found that the applicant, Sri Kartic Biswas did not fulfill the criteria as laid down in Notification No. 251-Emp. Dated 03/12/2013, West Bengal Services (Group D) Recruitment Rules, 2009.

2. Thus the application of Sri Kartic Biswas, son of Late Sankar Biswas is considered, but rejected due to the reasons stated above.”

5. This order of 01.12.2022 was put to challenge before the SAT again in O.A. No. 28 of 2023. The Tribunal disposed of the petitioner’s Original Application without passing any orders and without interfering with the order dated 01.12.2022 rejecting his claim.

6. The learned advocate for the writ petitioner submits that from the conclusions recorded by the Secretary in the impugned order it is obvious that the petitioner’s claim was rejected for not having the requisite educational qualification and since he was found to be overage.

7. He submits that insofar as the issue of petitioner’s age, the conclusion is unsustainable as the age of the petitioner on the date of demise of his father is the age relevant for consideration under the scheme. The date of unfortunate demise of the petit