Existence Of A Policy Is Sine Qua Non For Making Compassionate Appointments: Calcutta High Court Reiterates
The Calcutta High Court has held that compassionate appointment cannot be claimed by family members of the deceased employee of Urban Local Bodies in West Bengal in the absence of any policy to that effect.
The Court was considering an Appeal challenging the order passed by the Director of Local Bodies whereby the petitioner's prayer for compassionate appointment was rejected on the ground that there is no policy for compassionate appointment.
The single bench of Justice Hiranmay Bhattacharyya held, "In the absence of any policy decision of the Government enabling the family members of the deceased employee of Urban Local Bodies to claim compassionate appointment, this court is of the considered view that the petitioner does not have any right to claim compassionate appointment."
The Petitioner was represented by Advocate Balailal Sahoo while the Respondent was represented by Advocate Biswabrata Basu Mallick.
The father of the petitioner, who was an employee of Arambagh Municipality died in harness. The petitioner, being the divorced daughter of the deceased employee claimed appointment on compassionate ground and the prayer was rejected by the order of the Director of Local Bodies.
The Director of Local Bodies, in the order impugned observed that after issuance of Notification No.251-Emp. dated December 3, 2013, all previous orders in respect of compassionate appointment was superseded and there was no existence of order dated 26th September, 2005 by which the DLB used to accord approval of appointment to the municipal employee on compassionate grounds.
The Court, at the outset, noted that as per Supreme Court's ruling in State of West Bengal v. Debabrata Tiwari & Ors., Circular Nos.301-Emp, 302-Emp and 303-Emp cannot be held to be applicable to local authorities and that liberty was granted to the local authorities in Circular No.142-Emp. to formulate their own scheme for compassionate appointment which is an acknowledgement of the fact that there was no policy existing to govern compassionate appointment to posts under local authorities.
Mentioning that it was held that there was no policy existing to govern compassionate appointment to the posts under local authorities in the State of West Bengal, the Court stressed that it is well settled that the existence of a policy is a sine-qua-non for making appointment on compassionate ground.
"It is well settled that existence of a policy is a sine qua non for making appointment on compassionate ground", the Court held while dismissing the Petition.
Cause Title: Chaitali Roy (Mandal) vs. State Of West Bengal & Ors.
Appearances:
Appellant- Advocate Balailal Sahoo, Advocate Kazi Sajjad Alam, Advocate Mainul Thander
Respondent- Advocate Biswabrata Basu Mallick, Advocate Sayak Chakraborty
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