Authority: High Court of West Bengal

Order Date: 18.09.2026

Case Overview

  • Parties: Partha Mukherjee (Petitioner) vs. The State of West Bengal & Ors., including West Bengal State Electricity Distribution Company Limited (WBSEDCL) as respondent No. 3.
  • Counsel: Petitioner's counsel – Mr. Sankhan Ghosh, Mr. Biswarup Nandy, Mr. Sourav Bhattacharjee; State counsel – Mr. Pulakesh Bajpayee, Mr. Subit Majumdar; WBSEDCL counsel – Mr. Supriyo Chattopadhyay.
  • Background: Petitioner's father, a WBSEDCL employee, died on 25 April 2021. The petitioner applied for a compassionate appointment on 2 September 2021, invoking the 2010 recruitment policy which set an upper age limit of 30 years for dependants (other than spouse) of a deceased employee.
  • Application Outcome: The application was rejected on 4 March 2022 on the ground that the petitioner was approximately 32 years old, exceeding the 30‑year limit.
  • Petitioner's Argument: Citing a 2023 amendment to the recruitment policy that raised the age limit for such dependants from 30 years to 35 years, the petitioner contended that the amendment should apply to his case.
  • Respondent's Argument: WBSEDCL argued that the amendment was effected after the father's death (2021) and after the petitioner's application and rejection; therefore, the 2010 policy governs his case, and the petition is being filed belatedly (September 2026).

Court Findings & Reasoning

  • The court noted that at the time of the father's death in 2021, the 2010 policy was the sole applicable rule; the 2023 amendment was not in force.
  • The petitioner was about 32 years old in 2021, exceeding the 30‑year threshold under the 2010 policy.
  • Even after the 2023 amendment, the petitioner had not approached any forum; by September 2026 he had also crossed the new 35‑year threshold.
  • Allowing the petition would contravene the policy amendment and exceed the permissible age limits.

Final Outcome

  • The writ petition is dismissed in its entirety.
  • No order as to costs.
  • An urgent photostat certified copy of the order may be issued to parties upon usual undertakings.

Topics: Compassionate Appointment, Employment Policy, Judicial Dismissal