Calcutta High Court
Anjana Modak vs State Of West Bengal & Ors on 19 September, 2019
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
ORDER SHEET
WP 449 of 2019
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
ANJANA MODAK
Versus
STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date : 19th September, 2019.
Appearance:
Mr. Debabrata Saha Roy, Adv.
Mr. Pingal Bhattacharya, Adv.
Mr. Subhankar Das, Adv.
Mr. Neil Basu, Adv.
The Court: The present writ petition is pari materia to writ petition bearing
W.P.13056(W) of 2019 (Sulekha Gorain Vs. The State of West Bengal & Ors.)
and W.P.15230(W) of 2019 (Smt. Shanti Devi Saha Vs. State of West Bengal
& Ors.)
In the case of Sulekha Gorain (supra) I had passed an order on August 1,
2019 dealing with the selfsame matter and held that the amendment brought
about by Notification bearing No.625-FS dated March 7, 2017 was
unconstitutional and violative of Article 14 of the Constitution of India.
I have further been informed that the Special Leave Petition filed by the
State Government of West Bengal against the Full Bench judgment in State of
West Bengal & Ors. Vs. Purnima Das reported in 2017(4) CHN (Cal) 362 has
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already been dismissed by affirming the order passed in Purnima Das's case
(supra).
In spite of service, none appears on behalf of the respondent authorities
and, accordingly, I draw an adverse inference against them.
In light of the same, the Notification bearing no.625-FS dated March 7, 2017 is quashed to the extent which relates to married daughter. Furthermore, the order dated August 2, 2019 issued by the Director of Rationing, West Bengal is quashed and set aside. Furthermore, since the object of compassionate appointment is to extend the benefit to meet the immediate financial hardship caused, the State Government is directed to grant the M.R. dealership in favour of the petitioner within a period of four weeks, if all other criteria are fulfilled by the petitioner.
With the above observation, this writ petition is disposed of. Affidavit of service filed be kept on record.
Since no affidavit is called for, all allegations made in the writ petition are deemed not to have been admitted.
Parties to act on the server copy of the order.
(SHEKHAR B. SARAF, J.) R.Bhar