THE STATE OF WEST BENGAL versus DEBABRATA TIWARI & ORS. ETC. ETC.

THE STATE OF WEST BENGAL versus DEBABRATA TIWARI & ORS. ETC. ETC.

The Supreme Court held that (1) there was no State policy governing compassionate appointments to posts under local authorities (municipalities) in West Bengal and in the absence of such a policy compassionate appointment cannot be granted to municipal posts; and (2) even assuming such a policy existed, the prolonged delay (applications in 2005-2006 pursued in court only in 2015 and considered in 2019) diluted the required sense of immediacy and disentitled the respondents to discretionary relief under Article 226. The Division Bench judgment of the High Court dated 30.09.2019 was set aside and the Single Judge's order dated 05.07.2018 was restored.

Parties
Appellant: The State of West Bengal; Respondents: Debabrata Tiwari & Ors.
Jurisdiction
India
Judgment Date
03 March 2023
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 30.09.2019 of the High Court at Calcutta
Outcome
Appeals allowed
Legal Topics
Compassionate Appointment, Delay, Laches, Policy Interpretation, Writ Petition Under Article 226
Service Law Administrative Law Constitutional Law Compassionate Appointment Delay Laches Policy Interpretation Writ Petition Under Article 226

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Parties

The State of West Bengal

Appellant

Debabrata Tiwari & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 30.09.2019 of the High Court at Calcutta

Legal Issues

  1. 1 Whether there exists any scheme in the State of West Bengal governing compassionate appointment for municipal (local authority) employees dying in harness
  2. 2 Whether applications for compassionate appointment filed in 2005-2006 can be entertained years later given delay by applicants and authorities
  3. 3 Whether Circulars/Notifications (301-Emp, 302-Emp, 303-Emp, 97-Emp, 142-Emp) apply to municipal/local authority employees and govern compassionate appointments

Ratio Decidendi

The Supreme Court held that (1) there was no State policy governing compassionate appointments to posts under local authorities (municipalities) in West Bengal and in the absence of such a policy compassionate appointment cannot be granted to municipal posts; and (2) even assuming such a policy existed, the prolonged delay (applications in 2005-2006 pursued in court only in 2015 and considered in 2019) diluted the required sense of immediacy and disentitled the respondents to discretionary relief under Article 226. The Division Bench judgment of the High Court dated 30.09.2019 was set aside and the Single Judge's order dated 05.07.2018 was restored.

Court Disposition

Appeals allowed

Orders

  • Impugned judgment and common order of the High Court of Calcutta dated 30.09.2019 set aside
  • Order of the Single Judge of the High Court dated 05.07.2018 restored