The State Of West Bengal vs Debabrata Tiwari on 3 March, 2023
10. It is made clear that in view of the consent of the parties, this Court has
not gone into the merits of any of the petitioners' cases that are being disposed
of by way of this order and as such, the applications for compassionate
appointment should be disposed of by the concerned authorities on merit, as
they deem it fit and proper. The decision/s to be taken by the concerned
authorities should be based on reasons and the decision taken should be
communicated to the petitioners thereafter. It is also directed that while
deciding the applications for compassionate appointment, the respondents
cannot take recourse to the impugned OM dated 18.09.2024, though the
judgment provided therein, i.e., the case of Debabrata Tiwari (supra), can
be considered/applied by the concerned authorities. It is again made clear that
this order cannot be used as a precedent for cases that are filed on 04.04.2025
and thereafter. It shall only apply to cases that are pending before this Court as
on 03.04.2025.