Calcutta High Court

WP.CT/90/2026 of KABITA BANSFORE Vs UNION OF INDIA AND ORS. on 29 September 2026

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Item No.5 Ct. No. 1 RP IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WP.CT/90/2026 KABITA BANSFORE ]… Petitioner VS UNION OF INDIA AND ORS. ]… Respondents Appearance : Mr. Hemanta Kumar Das Mr. Nirmal Roy ]… Advocate for

ORDER SHEET

WBCHCA0187062026

Item No.5

Ct. No. 1

RP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

WP.CT/90/2026

KABITA BANSFORE

]… Petitioner

VS

UNION OF INDIA AND ORS.

]… Respondents

Appearance :

Mr. Hemanta Kumar Das

Mr. Nirmal Roy

]… Advocate for Petitioner

Mrs. Manju Agarwal

Ms. Garima Raijada

]… Advocate for Respondents

CORAM: RAVINDRA VITHALRAO GHUGE,

CHIEF JUSTICE

&

OM NARAYAN RAI J.

Date :29.09.2026

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Order

(Per Court)

1. This is a case wherein the Applicant, the daughter of a deceased employee, who was working in the Railway Hospital as a cleaner and sweeper. He died on 02.11.1997, in harness. The Petitioner claims to be the only child of her father. The Family Declaration Form filled in by the father on 29.06.1990, indicates the Petitioner to be the only child as on date who was born on 10.12.1986. The mother of the Petitioner passed away in 1994. The Petitioner is now an orphan.

2. Today, the Petitioner is 39 years and 09 months old. She is receiving pension of her father since she states that she is unmarried. She became an adult on 10.12.2004 and she moved an application for compassionate appointment in 2016, when she was 30 years of age and after twelve years of becoming an adult.

3. Neither the Learned Advocate for the Petitioner, nor the Learned Advocate for the Railways, are aware as to whether there is any Compassionate Appointment Scheme with the Railways and whether there is any period mentioned within which an application for compassionate appointment can be made.

4. Though the Petitioner made an Application in 2016, after 12 years of becoming an adult at the age of 30 years, the Chief Works Manager rejected such application on 05.08.2019, concluding that the educational certificate of having passed 10th standard from the Hindi Sahitya Sammelan, Allahabad, was held to be unacceptable to the Authority.

5. In view of the above, we do not find that this Court can pass any order in such a factual matrix. If the Railways are entertaining the application of the Petitioner for compassionate appointment, we express no view.

6. This Petition is, therefore, disposed off. (OM NARAYAN RAI , J.) (RAVINDRA V. GHUGE) Chief Justice

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