Debangsu Basak, J. - (1.) These writ petitions involve similar issues and are taken up for consideration analogously. Essentially, the petitioners seek compassionate appointment in the died-in-harness category for the family members of the deceased municipal employee.
(2.) Since a number of writ petitions are involved and since different counsel have advanced arguments on behalf of the petitioners, it would be appropriate and convenient to collate the submissions on behalf of the petitioners as one and record the same accordingly.
(3.) The petitioners rely upon the provisions of the West Bengal Regulation of Recruitment in the State Government Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1998. The petitioners rely upon Section 1, Sub- Section (4) of the Act of 1999 and contend that, the Act of 1999 applies to all posts in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities. Relying to Section 2(7) of the Act of 1999, the petitioners contend that, local authorities are defined therein. It has the same meaning as Sub-Section (23) of Section 3 of the Bengal General Clauses Act, 1899. Section 3(23) of the Bengal General Clauses Act, 1899 defines a local authority. It stipulates that, a municipality would come within the definition of a local authority. Consequently, the Act of 1999 is applicable to a municipality. Moreover, the Act of 1999 deals with the method of appointment of employees to a municipality inasmuch as it provides that, the posts which are required to be filled up on the recommendations of the municipal authorities as noted in Sub-Section (4) of Section 1. The Act of 1999 allows the State Government to stipulate the persons who would be treated as falling within the exempted category. The exempted category, according to the petitioners, has been notified by the State Government, from time to time. In this regard three notifications all dated August 21, 2002 being Emp. 301, Emp. 302 and Emp. 303 are relied upon by the petitioners. The petitioners also rely upon Emp. 97, dated June 6, 2005, Emp. 142, dated November 1, 2007, Emp. 30, dated April 2, 2008 and Emp. 251, dated December 3, 2013 in support of the contentions that, there subsists a scheme for grant of compassionate appointment to employees in the died-in-harness category for all municipalities. According to the petitioners, the scheme for grant of compassionate appointment in such a situation can be found by reading Emp. 301 to 303, dated August 21, 2002 along with Emp. 30, dated April 2, 2008. The petitioners also rely upon Emp. 98, dated April 28, 2015.;