In re: Smt Ratna Bhadra v. District Judge, Midnapore
1994-07-01
Altamas Kabir
body1994
DigiLaw.ai
JUDGMENT Altamas Kabir, J. 1. Having regard to the facts of the case and since learned counsel has appeared for the respondents, no useful purpose will be served in keeping this matter pending. 2. The petitioner is the widow of one Debashish Bhadra, who was working as a daily rated worker in the 2nd Court of Assistant District Judge, Midnapore. Since the petitioner's husband was not being absorbed permanently in a Group 'D' post under the judgeship of Midnapore District, he filed a writ application, being C.O. No. 14204(W) of 1990, which was disposed of on 27th September, 1991, with a direction that he should be permanently absorbed within 2 months from the date of the order. 3. It appears, that such order was not ultimately complied with and a contempt proceeding was taken. During the pendency of the said contempt proceeding, the petitioner's husband died on 16th October, 1993 and, thereafter, the petitioner herein made an application for being given a suitable appointment on compassionate grounds. 4. The learned Counsel, appearing for the State and the State Respondents, opposed the writ application by submitting that since the petitioner's husband's service had not been regularised and he had not been permanently absorbed, the petitioner had no existing right to be given appointment on compassionate grounds in place of her late husband. 5. Having considered the case made out by the writ petitioner and submissions made on behalf of the State, I am of the view that since a mandate had been given in the earlier writ application directing that the petitioner's late husband be absorbed permanently, it may be deemed that the service of the petitioner's late husband stood regularised by the said order. If that be so, there is no reason why the petitioner's case should not also be considered for appointment on compassionate grounds, as in the case of the regular employees. 6. Having regard to the above, I dispose of this writ application with a direction upon the Secretary of the Judicial Department, Government of West Bengal, to take steps in terms of the Government policy relating to appointment on compassionate grounds on the basis of the representation made by the petitioner, as also the various recommendations made by the District Judge, Midnapore, which have been annexed in the writ petition, within a period of one month from the date of communication of this order. 7.
7. There will be no order as to costs. 8. Let a xerox copy of this order be given to the learned advocate appearing for the petitioner on usual undertaking. Application allowed.