Calcutta High Court (Appellete Side)
WP-3285W-2017 on 15 February, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
15-02-2017
75/Sh
W.P. 3285 (W) OF 2017
In Re: Ganesh Pradhan. .. . Petitioner.
Mr. Kallol Basu,
Mr. Suman Banerjee.
. .For the Petitioner.
Mr. ( No power )
. . For the State.
Leave is granted to the petitioner to add the Joint Secretary, Department of Panchayet
and Rural Development, Government of West Bengal as party respondent no.7 in the cause
title of the writ petition.
Affidavit of service filed by the learned advocate for the petitioner in Court today be taken on record.
The petitioner has filed the present writ application assailing the impugned notification dated 6th January, 2017 for recruitment of Lower Division Assistant and Data Entry Operators at Jalpaiguri, Zilla Parishad.
Mr. Basu, learned counsel appearing for the petitioner submits that the father of the petitioner died-in-harness on 5th October, 1996, when he was working as Peon to the concerned Zilla Parishad. Immediately thereafter on 18th November, 1996 the petitioner made an application in proper form for appointment on compassionate ground. Thereafter an enquiry was held by the Three men Committee and the said Committee recommended the petitioner's name. After that nothing has been done by the concerned authority to give appointment to the petitioner on compassionate appointment. Thereafter the petitioner was given appointment on 19th May, 2003 under the said Zilla Parishad on contractual basis. The petitioner is still discharging his duty in the said post.
Mr. Basu, learned counsel appearing for the petitioner further submits that if by virtue of the impugned notice dated 6th January, 2017, the posts under exempted category are filled up through the recruitment process, then the petitioner's case under compassionate ground shall be frustrated.
It is surprising that after the Three Men Committee's recommendation, long back, in the year 2009, the authorities are sitting tight over the said recommendation without showing any reason.
Learned counsel appearing for the State authorities submits that the petitioner has been provided job as peon on contractual basis in the said Zilla Parishad and he has been 2 working since 19th May, 2003. Therefore it cannot be said that the family is in financial distress.
Be that as it may, since Three Men Committee has already recommended the petitioner's name for giving appointment on compassionate ground in the year 2009, therefore, in my considered view, the respondent authorities are under obligation to take a decision in the matter on the basis of the Three Men Committee's recommendation.
I, therefore, direct the respondent no.7, The Joint Secretary, Department of Panchayet and Rural Development to take a decision in respect of the Three Men Committee's recommendation within a period of four weeks from the date of communication of this order in accordance with law after giving an opportunity of hearing to the petitioner or his authorized representative and thereafter communicate the decision to the petitioner within a week thereafter.
Any steps taken in the meantime, in respect of the concerned recruitment will abide by the result of the decision taken by the respondent No.7.
The instant writ petition is thus, disposed of without any order as to costs.
Needless to mention that I have not gone into the merits of the case in respect of recruitment of Lower Division Assistant and Data Entry Operators at Jalpaiguri Zilla Parishad pursuant to the notice dated 6th January, 2017, as recruitment process has already been started as has been stated by the learned advocate appearing for the respondent authorities.
Urgent certified photostat copy of this order, if applied for, be expeditiously supplied to the learned advocates appearing for the parties on compliance of requisite formalities.
(SAMAPTI CHATTERJEE,J.) 3