06.01.2025 Item no.ML/5 Court No. 23 Asraf, A.R.(Ct) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA 24025 of 2024 Rajmohan Mahato Vs. The State of West Bengal & Ors. Mr. Arunava Pati ….for the Writ Petitioner Mr. Anirban Ray, Government Pleader Mr. Tanoy Chakraborty Mr. Debraj Sahu ….for the State Mr. Sanjay Saha Mr. Raju Mondal ….for the Respondent nos.3 to 5 This is the second round of litigation between the parties. The petitioner’s father, Padmalochan Mahato, died in harness on 20th April, 2015 leaving behind his wife, Churamoni Mahato and three sons, namely, Madhusudan Mahato, Bikash Mahato and Rajmohan Mahato (petitioner) as his legal heirs and heiress. The petitioner’s mother and the petitioner made a representation to the Managing Director of West Bengal Mineral Development and Trading Corporation Limited (hereinafter referred to as “WBMDTCL”) on 6th July, 2015 for providing the petitioner a job under compassionate ground. 2 Compassionate appointment is not a matter of right but is granted to any member of the bereaved family in accordance with law with the object of providing solacium to the bereaved family to tide over the immediate financial crisis arising out of death of the only bread earner. The compassionate appointment, however, has to be in accordance with the scheme, if any, prevailing in the employer organization. In absence of any scheme compassionate appointment cannot be granted. In the instant case, it is submitted by the respondents that WBMDTCL did not have any scheme either on the date of the death of the employee or on the date when the application for compassionate appointment was made. In that view of the matter no compassionate appointment can be given, however, a fixed ex gratia amount can be provided to the petitioner and / or members of the bereaved family. The petitioner had filed a previous writ petition being WPA 24380 of 2022 which was disposed of by an order dated 28th November, 2022. The operative portion whereof is as follows :- “Having considered the rival submissions of the parties and the materials placed on record, this Court finds that the previous applications made on behalf of the petitioner 3 have been considered and a reply has been given to the petitioner’s mother on September 5, 2016. Therefore, no further prayer on the self- same ground can be made. In the event the petitioner makes a prayer for being monetarily compensated, the said representation of the petitioner may be considered.” The petitioner thereafter made an application for the ex gratia amount, however, the said application was turned down by the Executive Director, WBMDTCL at 22nd meeting of the Board of Directors of the WBMDTCL held on 17th May, 2016 on the ground that the quantum of financial assistance / compensation to be paid in favour of the dependants of the employees who died in harness was fixed. It was decided that a financial benefit of Rs.1,50,000/- shall be paid in favour of the widow of the deceased employee subject to furnishing of bank details. It is the case of the respondent that though the respondent was willing to pay ex gratia amount of Rs.1,50,000/- but the petitioner did not furnish the bank details on the contrary the petitioner wanted a sum of Rs.15 lakhs as compensation. This prayer was turned down by the Executive Director of WBMDTCL. In the aforesaid facts and circumstances since the heirs/heiresses of a deceased employee cannot be deprived of the terminal benefits, I direct the respondent 4 nos. 3 to 5 and each one of them to provide the heirs/heiresses of the deceased employee with an ex gratia amount of Rs.1,50,000/- (Rupees one lakh and fifty thousand only) with accrued interest at the rate of 6% per annum from 6th July, 2015 (being the date of filing the application for compassionate appointment) within a period of three weeks from the date of communication of this order subject to the heirs/heiresses furnishing their respective bank account details. The amount of Rs.1,50,000/- with accrued interest shall be divided into four parts and each of the heirs and / or heiresses of the deceased employee shall be individually given such divided amount. The WBMDTCL shall call for information regarding the widow, Churamoni Mahato, and other two sons, namely, Madhusudan Mahato and Bikash Mahato, and pay them separately. The petitioner shall be entitled to receive one-fourth (1/4th) of the said sum of Rs.1,50,000/- with accrued interest upon providing his bank details. Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of. Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents. 5 Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. ( Arindam Mukherjee, J. )