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CALCUTTA HIGH COURT
Madhuresh Prasad, Ajay Kumar Gupta, JJ
Chanchal Majumder – Appellant
Versus
The State of West Bengal & Others – Respondent
| Table of Content |
|---|
| 1. background of father's missing and civil death declaration. (Para 2 , 3) |
| 2. circumstances for compassionate appointment application. (Para 4) |
| 3. authorities' rejection based on non-application of mind. (Para 5 , 6 , 7) |
| 4. court's decision to allow and direct reconsideration of application. (Para 9 , 10 , 11) |
1. Heard the learned counsel for the petitioner and the learned counsel for the State.
2. The present petitioner’s father was working as a Constable and was posted in the 5th Battalion of S.A.P Durgapur. He was assigned election work on 14.06.1998. On and from this date he has gone missing. On account of his being absent from duty the authorities initiated a proceeding against him and have passed an order of dismissal exparte on 30.11.2002. The mother of the petitioner after waiting for some time for the father to return has filed the Title Suit No. 3086 of 2008 seeking a declaration of death of her husband which decree has been passed in view of the provisions contained in Section 108 of the Evidence Act on 20.09.2011. The death of the present petitioner’s father is de jure, which can be said to have occurred on 20.09.2011 that is with effect from the date of p
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