Calcutta High Court (Appellete Side)
Smt. Kamala Devi Ram & Another vs The State Of West Bengal & Others on 19 March, 2015
Author: Sudip Ahluwalia
Bench: Sudip Ahluwalia
1 31 19.03.2015
. W.P.S.T. 83 of 2015
BD
Smt. Kamala Devi Ram & Another
Vs
The State of West Bengal & Others
Mr. Debdutta Basu,
Mr. Sudip Sarkar.
... For Petitioners
Mrs. Chaitali Bhattacharya.
Mrs. Sukla Das Chandra
... For State
In the present case the claim for employment on compassionate ground could not be considered properly by the concerned authorities since the elder son of the deceased employee did not endorse 'no objection certificate' in the prescribed form.
The scheme for compassionate appointment has been undertaken only to help the family members of the deceased employee who are facing acute financial hardship on account of sudden demise of the only bread earner of the family. In the event the widow of the deceased employee namely, the mother of the elder son submits a declaration before the authority that the said elder son is living separately and not taking responsibility of the family of the deceased employee then in such circumstances the competent authority will proceed to consider the claim for compassionate appointment in respect of any other member of the family of the deceased employee in order to save the said family of the deceased employee from the acute financial crisis. The formalities regarding requirement of 2 endorsement of "No objection" or submission of "no objection" certificate by the elder son should be waived in order to provide necessary help to the family members of the deceased employee.
The learned Tribunal, in our opinion, did not consider the matter in proper perspectives and therefore, we are not inclined to affirm the impugned decision of the learned Tribunal. The impugned order passed by the learned Tribunal is, therefore, set aside. We direct the concerned authority of the Government of West Bengal to consider the claim for compassionate appointment in terms of the scheme afresh without insisting upon production of 'no objection certificate' from the elder son. Since a considerable time has already passed, we direct the concerned authority to take appropriate decision in this regard without any further delay and positively within six weeks from the date of communication of this order.
With the above observations and directions, the writ petition is disposed of without awarding any costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on priority basis.
(Pranab Kumar Chattopadhyay, J.) (Sudip Ahluwalia, J.) 3