Mandip Sardar & ORS v. Union Of India & ORS

S/L 2 18.03.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 16520 of 2019 CAN 1 of 2023 [Application not in the file] Mandip Sardar & Ors.

Vs.

Union of India & Ors.

Mr. Arka Maiti Mr. Abilash Sinha Roy Mr. Kaustav Sen ... for the Petitioners.

Ms. Deblina Lahiri Mr. Mrinmoy Chatterjee Ms. Moumita Sharma ... for the Respondent Nos.2-5.

1.

The petitioners are the heirs and legal representatives of a deceased employee of the State Bank of India.

2.

The petitioners sought compassionate appointment. Relying on the scheme of the State Bank of India which is impugned in the instant writ petition, the bank offered to pay ex gratia lumpsum amount in lieu of compassionate appointment. The petitioners are aggrieved by the same.

3.

Learned advocate representing the petitioners has brought to the notice of the Court the judgment passed by the Hon'ble Supreme Court on May 14, 2025 in SLP (Civil) No. 11470 of 2018 (State Bank of India & Ors. vs. Maya Devi) wherein the Hon'ble Supreme Court has been pleased to approve the policy framed by the bank on condition that adequate financial support is extended to the family in harness.

4.

The Hon'ble Supreme Court invoked power under Article 142 of the Constitution of India to issue necessary direction to do complete justice between the parties. The Court was pleased to observe that the direction passed in the peculiar facts and circumstances of the case will not be treated as a precedent for other cases.

5.

The bank had already offered a sum of rupees five lakh to the petitioners as lump sum ex gratia payment which the petitioners have refused to accept. 6.

The petitioners claim similar relief in terms of the judgment passed in the matter of Maya Devi (supra).

7.

As the policy of the bank has already been approved by the Hon'ble Supreme Court, challenge to the same cannot be accepted.

8.

It will be open for the petitioners to accept the lumpsum ex gratia offered by the bank.

9.

If the petitioners intend to obtain any further relief relying on the judgment passed in the matter of Maya Devi (supra), it will be open for the petitioners to approach the competent forum in accordance with law, if so advised.

10.

The writ petition along with the connected application stands disposed of.

11.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

12.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)