Central Administrative Tribunal - Kolkata
Debarghya Mukherjee vs Central Public Works Department on 14 July, 2025
1 o.a. 757 of 25
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/757/2025 Date: 14 .07.2025
Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Rajnish Kumar Rai, Judicial Member
Debarghya Mukherjee, son of late Sanjoy Mukherjee,
residing at R. N. Road (West) by land, Ward No. 8, Post
office- Coochbehar, District- Coochbehar, Pin- 736101,
aged about 34 years.
.........Applicant.
-versus-
1. Union of India, service through the Secretary,
Department of Ministry of Housing and Urban
Poverty Alleviation, having office at Postal
Directorate, Dak Bhawan, New Delhi, Pin- 110001.
2. Central Public Works Department (CPWD), under
Ministry of Housing and Urban Affairs of India, Union
of India, service through its Director General, office at
234/4 A.J.C Bose Road, Nizam Palace, 1st MSO
Building, 6th Floor, Kolkata, West Bengal, Pin- 700020.
3. The Director General, Central Public Works
Department (CPWD), Kolkata Central Circle No. I,
Kolkata, having his office at A.J.C. Bose Road, Nizam
Palace, 1st MSO Building, 6th Floor, Kolkata, West
Bengal, Pin- 700020.
4. The Superintending Engineer, Kolkata Central Circle
No. I, CPWD Kolkata, having his office at A.J.C. Bose
Road, Nizam Palace, 1st MSO Building, 6th Floor,
Kolkata, West Bengal, Pin- 700020.
Digitally signed by Pampa Nandi
Debnath
DN: C=IN, O=Personal, T=1575,
OID.2.5.4.65=
Pampa 133596280922834876S4dj74l44OOh
8c, Phone=
feef9776669c46fe6184e820dd910dd
7d01593942dd0b54986bb0e3896815
Nandi 227, PostalCode=700131, S=West
Bengal, SERIALNUMBER=
965e50cc3fa0709cded2168635dee2
247261f62bbbc47678dd5cb72a133e
Debnath e6b9, CN=Pampa Nandi Debnath
Reason: I am the author of this
document
Location:
Date: 2025.07.21 14:54:33-07'00'
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5. The Chief Engineer (EZ-I), Kolkata Central Circle No. I,
CPWD Kolkata, having his office at A.J.C. Bose Road,
Nizam Palace, 1st MSO Building, 6th Floor, Kolkata,
West Bengal, Pin- 700020.
6. The Executive Engineer (P&A), Kolkata Central Circle
No. I, CPWD Kolkata, having his office at A.J.C. Bose
Road, Nizam Palace, 1st MSO Building, 6th Floor,
Kolkata, West Bengal, Pin- 700020.
7. Assistant Administrative Officer, Kolkata Central
Circle No. I, CPWD Kolkata, having his office at A.J.C.
Bose Road, Nizam Palace, 1st MSO Building, 6th Floor,
Kolkata, West Bengal, Pin- 700020.
.........Respondents.
For the Applicant : Ms. G. Biswas, Counsel
For the Respondents : None
O R D E R (ORAL)
Per: Rajnish Kumar Rai, Judicial Member Affidavit of Service filed by the applicant is taken on record.
2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"(a) Pass an order directing the respondents, their men, agents and assigns forthwith and/or immediately to consider the case of the applicant for appointment on compassionate ground.
(b) Pass an order directing the respondents, their men, agents and assigns to appoint the applicant on compassionate ground, in the post of MTS or LDC or any suitable post under Central Public Works Department; and/or
(c) Pass any such other order(s) and/or direction(s) as this Hon'bble Tribunal may deem fit and proper."
3. Learned counsel for the applicant states that the father of the applicant namely, late Sanjoy Mukherjee was working under the respondents department as LDC died in harness in the year, 1998 leaving behind his wife Smt. Balaka Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= Pampa 133596280922834876S4dj74l44OOh 8c, Phone= feef9776669c46fe6184e820dd910dd 7d01593942dd0b54986bb0e3896815 Nandi 227, PostalCode=700131, S=West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635dee2 247261f62bbbc47678dd5cb72a133e Debnath e6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.07.21 14:54:33-07'00' Foxit PDF Reader Version: 2024.4.0 3 o.a. 757 of 25 Mukherjee and the present applicant. At that point of time, the applicant being son of the deceased employee was minor i.e. only 7 years old. The widow of the deceased employee made application for appointment on compassionate ground.
The said appointment on compassionate ground has been approved but as per instructions/rules, the compassionate appointments are restricted to 5% of the vacancies meant for direct recruitment in a year. Therefore, it was not possible for the CPWD to offer appointment to the widow of the deceased employee.
Thereafter, after getting majority, the applicant had made representation on 08.12.2024 before the Competent Authority for considering his case for appointment on compassionate ground being a son of the deceased employee, which is pending for consideration till date.
4. After arguing for some time, ld. Counsel for applicant submit that applicant will be satisfied if an appropriate direction be issued to the Competent Respondent Authority to take a decision on the pending representation of the applicant dated 08.12.2024 by passing a reasoned and speaking order within a stipulated period of time.
5. Since no fruitful purpose would be served in calling for a reply in this matter unless the representation is suitably decided by the respondent authority, we propose to dispose of the OA at the admission stage itself.
6. Therefore, we direct the Competent Respondent Authority to consider the representation of the applicant dated 08.12.2024 and pass a reasoned and speaking order on the same as per the extant rules, within a period of 3 months from the date of receipt of copy of this order and communicate the decision to the applicant forthwith.
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65=Pampa 133596280922834876S4dj74l44OOh 8c, Phone= feef9776669c46fe6184e820dd910dd 7d01593942dd0b54986bb0e3896815 Nandi 227, PostalCode=700131, S=West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635dee2 247261f62bbbc47678dd5cb72a133e Debnath e6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.07.21 14:54:33-07'00' Foxit PDF Reader Version: 2024.4.0 4 o.a. 757 of 25
7. It is made clear that we have not expressed any opinion on the merit as well as the delay and laches in the matter and therefore, all points are kept open for consideration by the respondent authorities.
8. With these directions, the present OA accordingly stands disposed of.
No order as to costs.
(Rajnish Kumar Rai) (Anindo Majumdar) Judicial Member Administrative Member pd Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= Pampa 133596280922834876S4dj74l44OOh 8c, Phone= feef9776669c46fe6184e820dd910dd 7d01593942dd0b54986bb0e3896815 Nandi 227, PostalCode=700131, S=West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635dee2 247261f62bbbc47678dd5cb72a133e Debnath e6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.07.21 14:54:33-07'00' Foxit PDF Reader Version: 2024.4.0 5 o.a. 757 of 25