28.07.2026 14 sdas WPA 16492 of 2026 Somnath Halder VS. The State of West Bengal & Ors. Mr. Dilip Kumar Sadhu .….. for the petitioner Mr. Tapas Kumar Sil Mr. Palash Bapari ……. for the State 1. Let affidavit-of-service, as filed in Court, be kept on record. 2. The petitioner had made an application for compassionate appointment upon the death of his father who was a permanent employee in the Department of Land and Land Reforms, Government of West Bengal. The petitioner’s father expired sometime in 2013. He had applied for appointment on compassionate ground sometime in 2020, upon attaining majority. He had, on earlier occasion, approached this Court seeking expeditious disposal of his representation before the concerned authority. A Division Bench of this Court by an order dated March 19, 2026 had directed that the representation/application for compassionate appointment should be disposed of within a stipulated time. The said application was disposed of by the order of May 14, 2026, which has been 2 challenged in this writ petition. The application of the petitioner was rejected on the ground that the petitioner had applied for compassionate appointment after more than six years from the date of death of his father in 2013. 3. In the interregnum, the petitioner’s mother had also applied for compassionate appointment and was found ineligible as she did not have the requisite qualification. 4. The application of the petitioner has been rejected solely on the ground of delay. The Rule relied upon by Mr. Sil, learned Advocate appearing for the State respondents, being Notification No. 251-Emp. dated December 3, 2013, specifies that in Rule 10(a) and Rule 10(b), an application for compassionate appointment should be made within a period of six months from the date of death or retirement on permanent incapacitation. This notification has been somewhat amended by the Notification dated March 1, 2016 being Notification No. 26-Emp. However, interestingly the Notification of March 1, 2016 creates a window for applications on compassionate ground to be made at a belated stage. 5. This window also stipulates that such an application, made belatedly, should be considered by an appropriate three member Screening-cum-Enquiry Committee. 3 6. The impugned order of May 14, 2026, has been passed by the Additional District Magistrate and District Land and Land Reforms Officer, Jhargram. The said order is bereft of any jurisdiction. The said officer, passing the order, could not have passed such an order and reject the claim of the petitioner on the ground that the same was filed at a belated stage. The moment, the question of delay arises, it is the three member Screening-cum-Enquiry Committee which has to deliberate on the issue and take a decision. This, in terms of Notification No. 26-Emp. dated March 1, 2016, and Notification No. 251-Emp. dated December 3, 2013. The authority, passing the order, did not have the jurisdiction once he held that it was a belated application. The application ought to have been referred by him to a three member Screening-cum-Enquiry Committee. Not having done so, the said officer, being the respondent no. 2 herein, acted beyond his jurisdiction and in gross violation of the Notification dated March 1, 2016. 7. In view thereof, the impugned order dated May 14, 2016 cannot be sustained and is accordingly set aside. 8. In view of the aforestated, I direct the Principal Secretary, Department of Land and Land Reforms, Government of West Bengal, to constitute the three member Screening-cum-Enquiry Committee and 4 consider the application of the petitioner afresh in the manner as stipulated in the Notification No. 26-Emp. dated March 1, 2016 read with Notification No. 251- Emp. dated December 3, 2013. 9. The entire exercise will be conducted and concluded within a period of twelve weeks from the date of communication of this order. 10. With the aforestated directions, the writ petition is disposed of. 11. There will be no order as to costs. 12. Parties to act on the server copy of this order, duly downloaded from the official website of this Court. (Reetobroto Kumar Mitra, J.)