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2026 DAILYLAW 31988 (CAL)

RAJIB BERA v. UNION OF INDIA AND ORS.

WPA/8521/2025 · 2026-08-24

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

53 24.08. 2026 Ct. No. 18 Ab WPA 8521 of 2025 Rajib Bera Vs. Union of India and others. --------------- Mr. Firdous Samim, Ms. Gopa Biswas, Ms. Brinta Dutta, Mr. Naman Shah, Mr. Inzamamul Islam. … For the petitioner Ms. Sayani Roy Chowdhury, Mr. Sudip Palit, Ms. Biswadeepa Mandal. … for the respondent nos. 2 and 3. Ms. Aparna Banerjee, Ld. AGP, Mr. Arijit Bhowmick. … for the respondent nos. 4 to 6. 1. The petitioner is aggrieved that the petitioner has not been granted compassionate appointment on the death of his father, who passed away sometime in October 2025. 2. Ms. Roy Chowdhury, learned Advocate appearing for the respondent nos.2 and 3 and Ms. Banerjee, learned Additional Government Pleader, both submit that the petitioner’s father had two wives during his lifetime. Though, the second marriage took place only after the death of the first wife. However, there are now two families, who are seeking and/or may be entitled to the terminal benefits, which is a benchmark parameter to calculate the income of the family of the dependents of the deceased employee. 2 3. The family pension has not yet been ascertained or paid to either of the two families. The petitioner is the son of the deceased employee from his first wife. 4. I direct the respondent no. 6 to decide on the eligibility of the petitioner for compassionate appointment, after giving a hearing to the petitioner as well as to the respondent nos. 8 to 11 with adequate prior notice. Upon hearing, the authority will pass a reasoned order taking all facts and circumstances into consideration and call for the documents, if he so desires. 5. The entire process will be completed by passing of the reasoned order by November 30, 2026. The resultant order will be communicated to the petitioner and the respondent nos. 8 to 11 within a week thereafter. 6. With the afore-stated directions, the writ petition is disposed of 7. There shall, however, no order as to costs. 8. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.) 3