Form No. J.(2)

Item No. 25

AB

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Aniruddha Roy

W.P.A. 15935 of 2024

Subhas Hansda

Vs.

Union of India & Ors.

For the petitioner : Mr. Shayak Mitra, Advocate

Sk. Mujibar Rahman, Advocate

For Union of India : Mr. Sahasranshu Bhattacharjee, Advocate

Mr. Lokenath Chatterjee, Advocate

Heard on : August 25, 2025 Judgment on : : August 25, 2025

Aniruddha Roy, J.

On the prayer of Mr. Sahasrangshu Bhattacharjee, learned counsel

appearing for the respondents/Union of India, time to file report on affidavit stands extended till today. The report filed in Court today is taken on record.

Copy has been served.

Identically, on the prayer of Mr. Shayak Mitra, learned counsel

appearing for the petitioner, the exception to the report in the form of

affidavit filed in Court today is also taken on record. Copy has been served.

Facts:

1. This is the second round of writ litigation.

2. The father of the writ petitioner who was employed in Central Reserve Police Force (for short, CRPF) had died in 2000 during his employment tenure. The writ petitioner being the son applied for appointment on compassionate ground. The petitioner while was examined before the medical board was declared to be unfit on August 28, 2022 on the ground, inter alia, underweight and absent left testicle, annexure D at page 43 to the report on affidavit filed on behalf of the respondent no. 3. The petitioner under the terms of selection process had applied for review medical examination. On February 20, 2023, annexure E at page 44 to the report on affidavit, the review medical board also declared the petitioner to be unfit on medical examination and the ground shown to be that due to absent left testis

3. The petitioner had filed the first writ petition W.P.A. 17647 of 2023. A co-ordinate bench vide order dated October 16, 2023, annexure F at page 46 to the report, has dismissed the writ petition. No appeal was carried out and the said order of the co-ordinate bench dated October 16, 2023 has achieved its finality. After dismissal of the said first writ petition, the instant second writ petition has been filed.

4. At this juncture, the petitioner applied for being appointed against the Non-Combatised civilian post and filed the instant second writ petition with the following prayers:

“(a) Issue a writ of or in the nature of Mandamus commanding to respondents specially respondent no. 1 to give any appointment on compassionate grounds in any non- combatesed Civilian Post in Ministry of Home, whose father dies in harness;

(b) Issue a writ of or In the matter of Mandamus commanding respondent to give the appointment on compassionate grounds in any organisation under Home Department in Civilian Post where Medical tests is not compulsory if the petitioner is otherwise fit in place of and/or in lieu of his late father Sukal Hansda forthwith;

(c) Issue a writ of or in the nature of Certiorari to produce all the records by the respondents before this Hon‟ble Court so that a conscionable justice can be afforded to the petitioner;

(d) Rule NISI in terms of the prayers above;

(e) Ad-interim orders in terms of the prayer;

(f) Any other interim order(s) so as this Hon‟ble Court may deem fit and proper;

(g) Costs of or/and incidental thereto to this application;

(h) Such further order and/or orders as this your Hon‟ble Court may deem fit and proper.”

5. A co-ordinate bench has passed its order on July 18, 2024 and directed as follows:

“In the aforesaid facts and circumstances, let the respondent no. 3 or any other responsible officer authorized by the respondent no. 3 file a report in the form of an affidavit disclosing the scheme, if any, for compassionate appointment that prevailed in the year 2000 when the petitioner‟s father died, the present scheme for compassionate appointment, if any, as also a declaration to the effect that there is no non-combatised civilian post in CRPF. Let such report be filed by 9th August, 2024.”