09.07.2026 rc/ct.no.15 Item No.27 WPA No. 14832 of 2026 Rahul Das Versus The State of West Bengal & Ors. Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mandal ..for the petitioner Mr. Udayan Chakravarty Mr. Anindya Haldar ….for the State The petitioner’s father was employed as Gram Panchayat Secretary of Sirsha Gram Panchayat. He met with an accident on November 26, 2024 while returning home from his office and was severely injured resulting in paralysis, memory loss and permanent incapacitation to continue with his service. The petitioner being his son applied for compassionate appointment in place of his father before the Block Development Officer, Keshpur Development Block through his mother on May 26, 2025 which was forwarded by the said officer to the District Magistrate, Paschim Medinipur on June 20, 2025. The Additional District Magistrate, Paschim Medinipur sought clarification and guidance in this regard before the Commissioner, Directorate of Panchayat and Rural Development, Government of West Bengal by a letter issued on September 08, 2025. The Additional Director, Panchayat and Rural Development, by a letter issued on February 05, 2026, requested the Additional District Magistrate to examine the matter in terms of the relevant notifications. Certain queries were made by the District Panchayat and Rural Development Officer before the Block Development Officer which were sent by the latter to the Pradhan, Sirsha Gram Panchayat by a letter issued on May 15, 2026. Such inter departmental communications have been continuing since June 20, 2025 and there has been no progress in the issue till date. In the meantime, the employee has retired from service on June 30, 2026. The petitioner seeks a direction upon the authority to consider his claim and take a reasoned decision at the earliest. Learned counsel for the State takes this Court to the notification issued by the Labour Department, Government of West Bengal dated December 03, 2013 which deals with the scheme of compassionate appointment. Clause 2(b) of the notification says that the notification shall apply to a dependant family member of a government employee who is disabled permanently or otherwise incapacitated rendering him unfit to continue in service prematurely on being declared permanently incapacitated by a medical board formed by the Government. Learned counsel submits that no such certificate issued by the medical board formed by the Government has been submitted by the incumbent. It appears from the letter issued by the Block Development Officer to the District Magistrate on June 20, 2 2025 that admittedly the employee Tapan Kumar Das met with an accident, was admitted to Medinipur Medical College and Hospital and thereafter transferred to MRI Hospital, Kolkata and was paralysed with memory loss. True, documents with regard to his treatment at the hospitals were forwarded by his wife. But no medical board was constituted to assess the extent of his incapacitation in terms of clause 2(d) of the notification dated December 03, 2013. In view of the requirement laid down in the said notification, the concerned authority is at liberty to take necessary steps for constitution of a medical board comprising medical experts/ doctors of government hospitals for assessment of the extent of incapacitation/disablement of the employee Tapan Kumar Das. The board shall take into consideration the medical documents of the employee on or immediately after the date of accident in order to arrive at a decision. Such exercise shall be completed within four weeks from the date of communication of this order. Upon receipt of the report from the medical board, the Director, Panchayat and Rural Development, Government of West Bengal, being the 2nd respondent herein, shall consider the application for compassionate appointment of the petitioner and pass a reasoned order upon granting opportunity of hearing to all concerned including the petitioner and subject to the petitioner satisfying eligibility criteria for the appointment, within four weeks therefrom. 3 The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 4