20.03.2025 (D/L-1) Ct. No.4 (B.K.N.) W.P.S.T. 156 of 2023 With CAN 1 of 2023 Bachchu Ghosh Vs. The State of West Bengal & Ors. Mr. Abir Lal Chakravorti, Mr. S. K. Hidayatulla ...for the Petitioner Mr. Pinaki Dhole, Mr. Md. Ziaur Rahaman ...for the State Affidavit of service filed by the petitioner is taken on record. In Re: CAN 1 of 2023 CAN 1 of 2023 for restoration stands allowed in view of the averments made therein that default in appearance was due to the petitioner’s counsel suffering with viral fever on 8th October, 2023. Since both the parties are present and have proceeded to make submission on the merits of the claim pending in the writ petition we have proceeded to consider the same. In Re: W.P.S.T. 156 of 2023 1. On 8th January, 2014, while working as a Distributor Grade-I under the West Bengal Government Press at Cooch Behar the applicant’s husband died. The applicant’s mother made an 2 application for compassionate appointment on 31st January, 2014, seeking the benefit of compassionate appointment in favour of her son (the applicant before the Tribunal). The application was kept pending and no action was being taken thereupon. The applicant has thus approached the Tribunal which has dismissed the Original Application as being barred by limitation. 2. Rather than calling upon the respondents to state as to under what circumstances the claim for compassionate appointment has been kept pending for four years, when the claim is to be guided by compassion under a scheme formulated by the respondent State itself, the Tribunal disposed of the application on the very first day. 3. The learned counsel for the respondents submits that from the application, copy of which has been enclosed, it does not appear that the applicant was facing any financial hardship so as to merit consideration for the purposes of compassionate appointment. We find no force in such submission at this stage. Under the scheme wherein the consideration is to be accorded, there is a provision that upon making of an application, a three member committee is required to go into the merits of the claim and entitlement/eligibility of the person 3 claiming the compassionate appointment, which has not been done yet. 4. However, since the issue/s were not considered on merits by the Tribunal we refrain from going into the merits and leave all issues open. We make it clear that any observation and findings in this order are tentative and would not have any persuasive value whatsoever. 5. We remit the matter to the Tribunal for consideration on merits. The respondents should file opposition/reply within three weeks from date before the Tribunal so as to facilitate consideration of the matter expeditiously and without any undue adjournments. 6. The writ petition stands disposed of in the above terms. (Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)