Binod Kumar Shaw vs State Of West Bengal & Ors

The Court : While hearing this writ petition, Harish Tandon, J. was urged to grant the relief claimed therein based on a decision dated 16th December,

2015 in the case of Shefali Saha vs. State of West Bengal & Ors. (W.P. No.963 of 2015).

Harish Tandon, J. recorded His Lordship’s inability to concur with the decision in Shefali Saha (supra) and accordingly, by an order dated 17th

August, 2018 referred the writ petition to the Hon’ble the Chief Justice for constituting an appropriate Bench to answer the following questions :-

I. If the law provides the manner and the mode in which the application is to be made for engagement on compassionate ground whether any other

manner may be treated as sufficient compliance of the said conditions both for the purpose of limitation as well as the modes provided therefor ?

II. Whether the authorities can condone or relax or extend the period of limitation as provided in sub-clause (c) of Clause 16 of the Control Order,

2013 in absence of any express powers provided therein ?

The Hon’ble the Chief Justice by an order dated 3rd September, 2018 assigned the writ petition to be heard by a “Division Bench presided

over by Hon’ble Justice Dipankar Dattaâ€​. It is now placed before us for hearing.

At the outset, Mr. Banerjee, learned Senior Standing Counsel appearing for the respondents, submits that the view taken by Harish Tandon, J. on a

separate writ petition, that the time limit for making an application for compassionate appointment is inflexible, is under challenge in MAT No.1019 of

2018, which has been heard-in-part by a Division Bench comprising Dipankar Datta and Protik Prakash Banerjee, JJ. He has urged us to consider the

desirability of ensuring analogous hearing of MAT No.1019 of 2018 and this writ petition.

Since MAT No.1019 of 2018 has been heard-in-part by another Bench of which one of us (Dipankar Datta, J.) is the presiding Judge and this writ

petition involves the same question that has emerged for decision in MAT No.1019 of 2018, we are of the considered view that this file ought to be

placed before the Hon’ble the Chief Justice to consider the desirability of assigning this writ petition to the Division Bench in seisin of MAT

No.1019 of 2018.

Accordingly, let the file be placed before the Hon’ble the Chief Justice for an appropriate order.