Form No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present : The Hon’ble Justice Raja Basu Chowdhury WPA 24977 of 2024 With WPA 26052 of 2024 Mohammad Ali Arsh Versus The State of West Bengal & Ors. For the petitioner : Mr. Abdul Hamid Molla Mr. Sukanta Chakraborty Mr. Asif Hussain Mr. Addul Halim Mr. Sahil Hamid Mr. Biswadeep Dey Md. Ijaz Ahmed Molla For the State : Mr. Sukanta Ghosh Mr. Arghya Chatterjee For the KMC : Mr. Nilotpal Chatterjee Ms. Manisha Nath For the respondent no. : Mr. Sanjib Kumar Mukhopadhyay 9/10 Mr. Syed Shafi Ahmed Mr. Syed Neaz Ahmed Ms. Nargish Parveen Mr. Prama Ray Heard on : 21.08.2026 Judgment on : 21.08.2026 Raja Basu Chowdhury, J (Oral): 1. The private parties in the aforesaid writ petitions represented through their respective advocates by placing before this Court two 2 WPA 24977 of 2024 several communications not only signed by the respective private parties but also by their respective advocates both dated 21st August, 2026 would submit that private parties have amicably resolved the dispute inter se in between themselves. 2. Let the originals of the settlement of the private parties dated 21st August, 2026 be retained with the records and be made part of this order. The settlements noted above are extracted hereinbelow: 3 WPA 24977 of 2024 3. In this context it may be noted that WPA 24977 of 2026 has been filed by the petitioner seeking relief of grant of compassionate appointment on the death of his father Md. Abdur Rafique (since deceased) in favour of the petitioner (in short the second writ petition). The respondent no.10 i.e. the private respondent is the mother of the petitioner and according to the petitioner she had been divorced by his deceased father. The other writ petition, being WPA 26052 of 2024 (in shot the first writ petition) has also been filed by the petitioner as son of the deceased, inter alia, praying for 4 WPA 24977 of 2024 disbursal of terminal benefits on the death of his father, who was an employee of Kolkata Municipal Corporation (KMC), designated as Inspector, Department of Social Welfare and Urban Poverty Alleviation bearing Employee ID No. 36221. The petitioner’s mother is arrayed as respondent no.9. 4. The private parties jointly claim that Md. Abdur Rafique died on 8th March, 2014. The respondent no. 9/10 claims to be the wife of Md. Abdur Rafique and has a subsisting claim on the terminal benefits payable to Md. Abdur Rafique. The petitioner, however, claims that the respondent no.9/10 to be a divorced wife of Md. Abdur Rafique. 5. Records would reveal that a civil suit, being Title Suit No. 306 of 2014 has been filed by the respondent no.9/10 before the learned 2nd Court, Civil Judge (Junior Division), Sealdah. It would also appear from the records, previously vide order dated 12th December, 2023 passed by a Coordinate Bench of this Court in WPA 12488 of 2023, noting that at the relevant point of time, the above civil suit which was then pending, an order has been passed restraining the parties to withdraw the service benefits till disposal of the suit, with liberty to the private parties to make a prayer for disbursal of the benefit before the concerned Civil Judge. 6. It is in the peculiar facts when this matter came up for consideration, this Court by noting that admittedly, the terminal benefits were due on the death of Md. Abdur Rafique, had directed 5 WPA 24977 of 2024 the municipality to deposit the entire amount of terminal benefits payable on the death of deceased with the learned Registrar General of this Court. The learned Registrar General was also directed to invest/keep the said amount in deposit in any highest interest bearing fixed deposit account in any nationalized bank. 7. Mr. Chatterjee, learned advocate representing the Kolkata Municipal Corporation by placing before this Court the communication issued by the advocate for the municipality dated 17th February, 2026, would submit that in compliance of the order passed by this Court on 20th January, 2026 a sum of Rs.11,35,623/- has been deposited by way of bank transfer NEFT to the account of the learned Registrar General. Let a copy of the aforesaid communication along with computation and breakup therefor and the ledger including the bank statement as placed before this Court are taken on record. 8. Though the matter has been pending before this Court for quite some time, on the ground that the private parties were trying to resolve the dispute amicably, the private parties have ultimately been able to resolve the dispute between themselves and have placed before this Court the settlement addressed to the learned advocate-on-record of the respective private parties in the form of written communication. The private parties are personally present in Court as identified by their respective advocates-on-record. In terms of the above settlements the private parties have agreed to 6 WPA 24977 of 2024 share amongst themselves the deposit already made by the municipal authorities in the ratio of 87.5% in favour of the petitioner/son of Md. Abdur Rafique since deceased and the balance 12.5% in favour of the respondent no.9/10. It is also agreed that the arrear pension from 2014 as may be payable would be divided in equal share between the petitioner/son and the respondent no.9/10. It has also been submitted by the learned advocates for the private parties that the family pension payable to the widow of the deceased shall be payable in the ratio of 100% to the respondent no.9/10 from the date of settlement i.e. from the month of August, 2026. The private parties have also agreed to withdraw the Misc. Case No. 49 of 2024 in connection with the Title Suit No. 306 of 2014 which is pending before the learned Civil Judge (Junior Division), 2nd Court, at Sealdah. It has also been jointly submitted that the respondent no.9/10, i.e. the wife of the deceased shall have no objection if compassionate appointment is offered in favour of the son of the deceased. 9. Having regard to the aforesaid settlement, I am of the view it would only be appropriate to dispose of the writ petition by directing the learned Registrar General of this Court to encash the money lying in fixed deposit account along with accrued interest, if necessary, prematurely and to disburse the same in favour of the son of the deceased and the wife of the deceased in the manner agreed between the private parties. 7 WPA 24977 of 2024 10. Insofar as the arrear pension is concerned, the municipality is directed to take steps and disburse the same in equal share between the son of the deceased and the widow of the deceased along with interest upto July, 2026. The family pension from August 2026 shall be exclusively paid to the widow of the deceased as agreed by and between the private parties. 11. Considering the peculiar facts of the case and noting that Md. Abdur Rafique died in course of employment and since a representation dated 1st August, 2025, which is appearing at page 20 of the supplementary affidavit filed by the petitioner, is pending before the municipal authorities as regards the grant of compassionate appointment in favour of the son of Md. Abdur Rafique, the petitioner herein, the municipal authorities are directed to take a decision in that regard in accordance with law within a period of six weeks from the date of communication of this order. 12. Since no other issue survives in the writ petitions, the same are accordingly disposed of. 13. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities. (Raja Basu Chowdhury, J.) sb A.R. (Court)