15.07.2026 Ct. No. 15 Daily List Sl. No. 28 Moumita WPA 15295 of 2026 Sri Nimai Bagdi Vs The State of West Bengal and Ors. Ms. Priyanka Saha, Adv. …for the Petitioner Mr. Udayan Chakraborty, Adv. Mr. Niladri Saha, Adv. …for the State-respondents Affidavit of service filed by the petitioner is taken on record. Learned counsel for the petitioner submits that the petitioner’s father Nitai Bagdi was employed as Gram Panchayat Karmee at Md. Bazar Gram Panchayat and died in harness on 9th February, 2020 leaving behind his widow, two sons and two married daughters as his legal heirs. The petitioner is the younger son of the deceased. His mother applied for compassionate appointment of the petitioner before the concerned authority on 20th March, 2020 pursuant to which enquiry was held and relevant documents called for from the petitioner which were submitted. The petitioner submitted the application in prescribed format as called for by the authority on 29th May, 2023 and the proposal for compassionate 2 appointment was forwarded by the Joint Director, Panchayat and Rural Development, Government of West Bengal to the Deputy Secretary to the Government of West Bengal, Department of Panchayat and Rural Development by a letter issued on 10th June, 2024. Upon consideration of the same, the Department turned down the prayer of the petitioner on the ground of late submission of the application in prescribed format and violation of Clause 10(a) of the Notification No. 26-Emp dated 1st March, 2016 of the Labour Department of Government of West Bengal read with Notification No. 251-Emp dated 3rd December, 2013 as well as the Department’s memo dated 29th September, 2014. Learned counsel for the petitioner submits that the authority has ignored Clause 10(bb) of the notification in dealing with the application filed by the petitioner. The petitioner seeks quashing of the order of rejection. The employee died in harness on 9th February, 2020 and application for compassionate appointment of the petitioner was submitted in plain paper on 20th March, 2020. Clause 10(bb) of the notification dated 1st March, 2016 is set out: “The concerned authority in the department/office should meet the members of the family of the deceased Govt. servant immediately after his death to advise and assist 3 them in getting appointment on compassionate ground. The applicant should be called in person at the very first stage and should be advised in person about the requirement and formalities to be completed by him. A record of such meeting should be kept with the office of the controlling authority and appointing authority.” Herein, there is nothing on record to suggest that the concerned authority met the members of the family of the deceased immediately after his death to advise and assist them in getting appointment on compassionate ground. Even after the application was filed by the petitioner’s mother soon after demise of the employee, the concerned authority did not approach the petitioner or his family to inform them about the procedural aspects of the issue including submission of an application in prescribed format along with relevant documents. In view of the same, this Court is inclined to hold that the concerned authority can under no circumstance reject the prayer of the petitioner for compassionate appointment on the ground of delayed submission of the application in prescribed format. In this connection, this Court is inclined to place reliance on an order passed by an Hon’ble Division Bench of this Court in W.P.S.T. 36 of 4 2025 on 23rd February, 2025, relied upon by the petitioner. In the light of the observation made hereinabove, the order impugned communicated on 12th February, 2026 by the Assistant Secretary of the Government of West Bengal is set aside/quashed. The Secretary, Department of Panchayat and Rural Development, Government of West Bengal shall re- consider the claim of the petitioner without raising an objection with regard to delayed submission of the application in prescribed format and subject to fulfillment of other criteria of the petitioner, favourably consider the application filed by the petitioner and pass a reasoned order within six weeks from the date of communication of this order. The order shall be communicated to the petitioner within a week thereafter. In the event the first respondent arrives at a decision in favour of the petitioner, necessary consequential steps be taken at the earliest. With the above direction and observation, the writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. 5 Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)