MITHU BAIDYA SARDER v. THE STATE OF WEST BENGAL AND ORS.
WPA/16919/2026 · 2026-07-22
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29542 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29542 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
30 2222..0077..22002266 Ct. No.15 b.das
WPA 16919 of 2026
Smt. Mithu Baidya Sarder
Vs. The State of W.B. & Ors. Mr. Tapas Maity …for the petitioner. Mr. Amrita Lal Dhar Mr. Ankit Kr. Mishra …for the State. Affidavit of service filed by the petitioner and report submitted by the State are taken on record. The petitioner’s father Moni Mohan Sarder who was employed as Secretary of Banganagar –I Gram Panchayat, died in harness on 8th January, 2006. The petitioner applied for compassionate appointment in prescribed format before the concerned authority on 7th February,
2006. The said application was not considered and the petitioner was asked to file a fresh application on 15th July, 2015 on the same ground. The 2nd application was turned down by the authority. The petitioner approached this Court in a writ petition being WPA 12362 of 2023 seeking a direction upon the concerned authorities to grant compassionate appointment in her favour. By an order passed on 4th August, 2025 a co-ordinate Bench of this Court directed the petitioner to produce a copy of the application filed on 7th February, 2006 alongwith annexure thereto before the Block Development Officer, Falta Development Block. The
2 Block Development Officer was directed to take appropriate steps within a specified time frame by ignoring the letter issued on 1st June, 2023 dismissing the prayer of the petitioner. Pursuant thereto, the matter was forwarded by the Additional District Magistrate (Panchayat and Rural Development Department) to the Director of Panchayats and Rural Development on 29th January, 2006 recommending appointment of the petitioner. The letter records that the petitioner fulfilled all the criteria for the appointment and was eligible for appointment on compassionate ground. By a letter issued on 11th June, 2026, the Assistant Secretary to the Government of West Bengal requested the Additional District Magistrate to produce relevant documents including the 3-men Enquiry Committee report before the authority for consideration of the petitioner’s prayer. The documents are yet to be furnished as appears from the report submitted by the State.
Since the issue is pending since 2006 and the very objective of compassionate appointment is frustrated, the Assistant Secretary, Panchayat and Rural Development Department, Government of West Bengal, being the 2nd respondent herein, is directed to take every possible step to collect the documents required in order to deal with the issue of grant of compassionate appointment in favour of
3 the petitioner and pass a reasoned order upon granting opportunity of hearing to the petitioner within four weeks from the date of communication of this order. The writ petition is disposed of accordingly. 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.)