Calcutta High Court (Appellete Side)
Snigdha Mukherjee vs State Of West Bengal & Ors on 13 February, 2014
1 44. 13.02.2014
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mb/as F.M.A. 825 of 2011 Snigdha Mukherjee Vs. State of West Bengal & Ors.
None appears to prosecute the matter. The intra court appeal has been preferred against the order dated 2.9.2010 passed in W. P. No.10475 (W) of 2010. The writ petition was filed questioning the order dated 20th September, 2006 passed by the Director of School, West Bengal. The writ petition was filed after a delay of four years. The employee died in the year 2003. The writ petition had been filed belatedly.
The very purpose of compassionate appointment is to provide immediate succour to the family. It is trite law that the compassionate appointment may be given within a reasonable time i.e. 5 years. Here, in the instant case, petition was filed belatedly. As such, it is presumed that the family has overcome the situation.
We are also in agreement with the reasons given by the Single Bench for dismissing the writ petition.
Resultantly, there is no merit in the appeal and the same is hereby dismissed.
(Joymalya Bagchi, J.) (Arun Mishra, Chief Justice)