Himadri Sekhar Dutta vs Union Of India & Ors
2021 Latest Caselaw 676 Cal

28-01-2021
 ct no. 13
  Sl.41
    sp

                        WPA 11731 of 2020

                        Himadri Sekhar Dutta
                             -Versus-
                        Union of India & Ors.
                       (Via Video Conference)


             Mr. Jakir Hossain,
             Mr. Shahan Shah
                                           .... for the petitioner




                   Affidavit of service filed by the petitioner

             in Court today be kept with the record.

                   Despite service of notice pursuant to an

             order of this Court dated January 19, 2021, the

             respondents are not represented.

The petitioner superannuated on May 31,

2018 from the service of the Garrison Engineer

(Alipore) Military Engineer Service under the AE

(Civil), AGE 'T' No. 1, National Library Avenue,

Alipore, Kolkata - 27. For the purpose of

pension and gratuity, he claims to have

submitted papers as required by the Garrison

Engineer. However, a dispute arose with regard

to the name of the petitioner's wife that is

recorded as Jhili Dutta in all documents as

opposed to the name Sikha Dutta recorded in

the service book of the petitioner. By a

communication dated August 3, 2019, the

Garrison Engineer addressed a letter to the

Officer-in-Charge, Zinzira Bazar Police Station

for investigation into the name of the actual wife

of the petitioner. The petitioner claims that the

report of the police supports his case that Jhili

Dutta and Sikha Dutta are one and the same

person. He claims to have resubmitted his

papers for pension by a communication dated

November 27, 2020 and that pension is yet to be

released.

In those circumstances, the respondent

no. 2 shall consider the petitioner's

representation dated November 27, 2020 and

dispose of the same in accordance with law as

expeditiously as possible preferably within a

period of two months from the date of receipt of

a copy of this order. If all papers submitted by

the petitioner are in order and the police report

is in accordance with the claims made by the

petitioner in the letter dated November 23, 2020

being Annexure-P/3 to the writ application, the

petitioner's pension will be released immediately

thereafter.

In the event, any discrepancy is found in

the petitioner's pension papers, the same may

be communicated to the petitioner within a

period of 15 days from the date of receipt of the

copy of this order.

With the aforesaid directions, the instant

writ petition is disposed of.

There shall, however, be no order as to

costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)