Abdul Latif Molla vs State Of West Bengal & Ors

Shekhar B. Saraf, J

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities in granting him compassionate appointment.

The case of the petitioner is that he has made an application for compassionate appointment in the year 2017. The writ petitioner submits that all requisite documents were submitted except the 'No Objection' certificate of Atiyar Rahaman Molla (his brother). The writ petitioner further submits that Atiyar Rahaman Molla being the respondent no.6 herein is his brother and carries on a separate business. He further submits that because of strained relationship with the petitioner, the respondent no.6 is refusing to grant 'No Objection' certificate.

It is to be noted that service has been complete on the respondent no.6 but he has failed to appear in Court.

Accordingly, I draw an adverse inference against the respondent no.6.

Mr. Sengupta, learned Counsel appearing on behalf of the State submits that as per the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, 'No Objection' certificate is mandatory in case a son of the deceased is applying for compassionate appointment. He submits that the State authorities have done no wrong and unless the 'No Objection' certificate is given the State authorities are unable to grant compassionate appointment. In the event, 'No Objection' certificate is not given by the son of a deceased employee, the law requires that vacancy notice be issued for a particular dealership.

It is to be noted that in present case no vacancy notice has been issued till date.

I have heard learned Counsel for the appearing parties and perused the materials on record.

In the peculiar facts and circumstances of this case, I am of the view that the condition for requiring the 'No Objection' certificate from a brother may be relaxed as he is carrying on a separate business and is not interested for the said compassionate appointment. It is to be further noted that inspite of service of the writ petition, the respondent no.6 has chosen not to appear before the Court. It is also to be noted that the respondent no.6 has neither raised any objection with the authorities nor made any application for compassionate appointment. Accordingly, it is crystal clear that he is not interested in getting the said appointment.

Under these circumstances, the condition for requiring a 'No Objection' certificate from the respondent no.6 may be relaxed by the State Government and if all other conditions are fulfilled, the compassionate appointment may be made in favour of the writ petitioner within a period of three months from date.

Since no affidavit has been called for, the allegations made in the writ petition are deemed not to have been admitted.

With the above observations, this writ petition is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.