High CourtsDIVISION BENCH(2017) 11 CAL CK 0003

Maya Rani Barman and Ors. vs The Food Corporation of India and Ors.

Calcutta High Court · Decided on 1 November 2017

HON’BLE JUDGES
Rakesh Tiwari, Dara Sheko
CASE NUMBER
1082 of 2015

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Judgment

8 paragraphs · 240 words
1.

None appears on behalf of the appellants, when the appeal is called out on its turn.

2.

The matter relates to compassionate appointment of dependent of an employee, who died in harness on 12th December, 1996. This appeal challenges the order dated 6th May, 2015 passed in W.P. no. 8809(W) of 2015 (Maya Rani Barman -vs- The Food Corporation of India and Ors.) which reads :

"The object of the petition is for one the petitioners to obtain an appointment on compassionate grounds following the death of their predecessor in the year 1996.

It is now judicially recognised that an appointment on compassionate grounds is an exception and not the rule and, consequently, such an appointment cannot be given or pursued beyond four or five years after the death of the concerned employee.

Since it is the admitted position that the concerned employee in this case died in the year 1996, the present attempt to obtain an appointment on compassionate grounds twenty years after the dath of the employee cannot be carried forward.

W.P. 8809(W) of 2015 is dismissed."

3.

The Stamp Reporter has reported the appeal to be out of time by 14 days. The appellants have not paid the deficit court fees and, as such, this appeal is not maintainable. Hence, without going into the merits of this case, the appeal is dismissed being defective and not maintainable.

4.

There will be no order as to costs.