JUDGMENT : PROTIK PRAKASH BANARJEE, J. 1. Affidavit of service is taken on record. 2. The writ petition is moved on service. 3. I am told that further service on the municipal authority has been made in terms of the order passed by a coordinate Bench of this Court. 4. Despite service being effected in 2015, none appears for any of the respondents. 5. In view of the order, I propose to pass, further service is therefore, not required. I treat the petition ready as regards service. 6. The writ petitioner had applied for appointment on compassionate ground as a depended of the deceased Haripada Fulmali, a member of the scheduled castes. The said deceased was an employee of the Nalhati Municipality. He died on October 26, 2013. The application was made on October 28, 2013. 7. The records annexed to the writ petition clearly show that the municipality in question duly recommended that such compassionate appointment of the petitioner be made since his father had died-in-harness and that the respondent no.3 was present at such meeting and did not object. However, when the formal proposal was sent to the respondent no.3 for his acceptance/formal communication of acceptance, the respondent no.3 did not take any decision thereon nor any step was taken to give appointment to the petitioner. Even the municipality wrote to the said respondent no.3 by a letter dated August 8, 2014 as also a letter dated March 20, 2015, which appears to have been received by the office of the respondent no.3. Still no step has been taken. In case of a petitioner similarly circumstanced in respect of same municipality the same respondent no.3 was guilty of similar inaction resulting in WP no.1159 (W) of 2016 being filed by a similarly circumstanced applicant for compassionate appointment. By a reasoned order dated December 22, 2016, a coordinate Bench was pleased to allow the prayer in terms of the said order in the following form: "In those circumstances, I direct the Director of Local Bodies to recommend appointment of the petitioner in a suitable post n the said Municipality irrespective of any waiting list within four weeks of communication of this order. The Chairman of the Municipality will make the appointment within a further period of four weeks." 8.
The Chairman of the Municipality will make the appointment within a further period of four weeks." 8. In the present case also none has appeared for the Director to contest any of the allegations made in the writ petition nor has the State appeared. Service has been effected twice. 9. While, in the normal course, there is no right to appointment even in case of recommendation for appointment on compassionate ground of a dependent of someone who died-in-harness but here nothing is stated as would disentitle him from getting the effect of such recommendation by his employer. There can be no reason to merely send it back to the respondent no.3 for taking a decision instead of passing mandatory order. 10. Accordingly, I set the respondents ex parte and direct that the respondent no.3 to process the application for granting appointment of the writ petitioner on compassionate grounds and pass necessary orders for his appointment to Nalhati Municipality against the vacant post mentioned in Annexure P-10 within a period of one month from the date of communication of the order. 11. The writ petition is disposed of without any order as to costs. 12. The respondent no.3 is directed to act on a website copy of the order on usual undertakings.