20.03.2025 Item No. 161 Ct. No. 39 WPA 11718 of 2024 AN Swapan Malik vs. State of West Bengal & ors. Mr. Biswarup Biswas Md. Mojnu Sk. Mr. Pradip Kr. Ghosh … for the petitioner Mr. Lalit Mohan Mahata, ld. AGP Mr. Prasanta Behari Mahata … for the State This writ petition is filed seeking direction upon the respondent authorities to give appointment to the petitioner on compassionate ground in any post of the Gram Panchayat. The petitioner contends that his father joined in the post of Chowkidar on 14.03.1965 under Atghoria Simlon Gram Panchayat and he died-in-harness on 05.10.1989. His father worked in the post of Chowkidar for 24 years 6 months 26 days. The petitioner belongs to scheduled caste category and has passed Class VIII in the year 1987. His date of birth is 25.02.1972. After the demise of his father, the petitioner made an application before the concerned Pradhan on 27.03.1990 for appointment on compassionate ground. Thereafter, the application along with necessary documents were forwarded to the concerned Department. The report of the Three-Men Committee made proposal for appointment of the petitioner on compassionate ground and the Commissioner, Panchayat and Rural Development 2 Department, Government of West Bengal forwarded the same to the respondent no.2, the Deputy Secretary to the Government of West Bengal, Panchayat & Rural Development Department with an affirmative note vide Memo No. 1174/III/DP/2A-7/96 dated 03.04.2012. On 30th November, 2023, respondent no.4, District Panchayat & Rural Development Officer, Purba Bardhaman wrote a letter to respondent no.2, the Deputy Secretary to the Government of West Bengal, Panchayat & Rural Development Department stating of the aforesaid facts and requested the authority to take steps at the earliest. Despite such proposal with affirmative note been forwarded and the letter of request made to respondent no.2, the petitioner was not provided with the appointment on compassionate ground. Hence the writ petition. Learned counsel appearing for the petitioner submits that although the application of the petitioner was proposed for appointment, there has been a bureaucratic delay in execution by the authorities concerned in giving appointment to the petitioner on compassionate ground. Placing reliance on the decision of Hon'ble Supreme Court in the case of Malaya Nanda Shethy versus State of Orissa and others reported in 2022 LiveLaw (SC) 522 and the decision of this Court dated 14.02.2025 in the case of Airports Authority of India & ors. versus Provash Besai & anr. passed in MAT 176 of 2024 (CAN 2 of 2024), learned counsel appearing for the petitioner 3 seeks that such appointment be provided to the petitioner as expeditiously as possible. Learned counsel representing the State submits that necessary direction be issued upon respondent no.2, Deputy Secretary, Government of West Bengal, Panchayat and Rural Development Department for approval of such appointment on compassionate ground and on such approval, respondent no. 6, Block Development Officer, Kalna-I shall issue the appointment letter on the basis of the letter under Memo No. 1809/Pan dated 30th November, 2023 of District Panchayat & Rural Development Officer. He files a statement of fact furnished by District Panchayat & Rural Development Officer vide letter dated 13th March, 2025, which is taken on record. It is found from the letter under Memo No.1809/Pan dated 30th November, 2023 of the District Panchayat & Rural Development Officer that the report of three-men enquiry committee has been generated in regular procedure and the proposal for appointment of the petitioner on compassionate ground has been forwarded by the Commissioner, Panchayat & Rural Development Department to the Deputy Secretary of the said Department. The aforesaid aspect also finds place in the statement of the fact of District Panchayat & Rural Development Officer. Thus, it manifest from the above that the petitioner’s appointment on compassionate ground has been affirmed by the concerned authorities. 4 Bearing in mind the proposition of Hon’ble Supreme Court in Malaya Nanda Shethy (supra) as well as of this Court in Provash Besai (supra), it is imperative that a direction be issued upon the respondent authorities to issue appointment letter to the petitioner within a stipulated time frame. Having considered the submissions advanced by the petitioner as well as the State, respondent no. 2, the Deputy Secretary, Government of West Bengal, Panchayat and Rural Development Department is directed to approve the appointment of the petitioner as per his qualification within a period of four weeks from the date of communication of this order and respondent no. 6, the Block Development Officer, Kalna-I shall issue the consequential appointment letter in favour of the petitioner within a period of two weeks from the date of receipt of approval from respondent no. 2, the Deputy Secretary, Government of West Bengal, Panchayat and Rural Development Department. Learned advocate for the petitioner is directed to communicate this order to respondent no.2, Deputy Secretary, Government of West Bengal, Panchayat and Rural Development Department and respondent no.6, Block Development Officer, Kalna-I. With the aforesaid observations, WPA 11718 of 2024 is disposed of. Consequently, all connected applications, if any, also stand disposed of. 5 Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.)