Menaka Saha vs State of West Bengal & Others

Sanjib Banerjee, J. - This is another frivolous attempt to obtain a compassionate appointment.

The petitioner''s husband died in harness in 2011 and the petitioner supported the candidature of the petitioner''s son for an appointment on compassionate grounds. The son did not pursue the matter and in 2015, the petitioner wanted the Distribution Company to consider the petitioner''s daughter for the appointment on compassionate grounds. Upon such case not being considered by the employer, WP No. 707(W) of 2015 was carried to this court and by an order of August 4, 2015, the Distribution Company was directed to consider the matter. It appears that the previous representation to this Court was that the petitioner''s daughter was a widow.

In course of the hearing afforded by the Distribution Company to the petitioner, it came out that the petitioner''s daughter was not a widow but that she had allegedly been driven out of her matrimonial home by her husband. It also came to light that the alleged act of the petitioner''s daughter being driven out of her matrimonial home took place in the year 2015 and that the daughter was not dependent on the father at the time of the father''s death in 2011.

The petitioner''s daughter was ineligible to be considered for compassionate appointment in 2011 as she was not a part of her father''s family at the time of the death of the petitioner''s husband. Further, it is evident that the family has survived for more than four years without needing any appointment and the petitioner''s son has spurned the opportunity earlier. In the circumstances, no question arises of the Distribution Company extending an appointment on compassionate grounds to the petitioner''s daughter.

WP No.1243 of 2015 is dismissed, but without any order as to costs.