Monawar Hossain & Anr vs Union Of India & Ors
2022 Latest Caselaw 5897 Cal

Form No. J(2)

              IN THE HIGH COURT AT CALCUTTA
                   Constitutional Writ Jurisdiction
                           Appellate Side

Present:
The Hon'ble Justice Jay Sengupta

                        WPA 16866 of 2011
                              With
      IA No: CAN 1 of 2016 (Old No: CAN 110 of 2016) (not in file)

                       Monawar Hossain & anr.
                                 Vs.
                        Union of India & ors.


For the Petitioners           : Mr. Sk. Mujibar Rahman


For the UOI                   : Mr. Tarunjyoti Tewari


Heard on: 25th August, 2022

Judgment on : 25th August, 2022



       The Court:



              This is an application praying for direction upon the

       respondents to withdraw and/or cancel letter No. P.III-14-

2001- Pension dated 31.07.2010 and letter No. A.VI-1/2010-

EC.5-GCD dated 18.08.2010, both letters issued by the Office

of the DIGP, Group Centre, CRPF, Durgapur, West Bengal.

Learned counsel appearing on behalf of the petitioners

submits as follows. The petitioner no. 1 had joined the service

in 1998. However, in 2001, he was found to be medically unfit

due to psychiatric reason to continue in the service. He was

given certain retiral benefits. However, the medical pension

that he was entitled to was not granted to him. At this stage,

the petitioner no. 1 prays for liberty to make a representation

before the learned concerned authorities so that the medical

pension due to him could be awarded.

Learned counsel appearing on behalf of the Union of India

submits as follows. First, it is a fact that the petitioner no. 1

did not complete ten years of service to get the usual pension.

He also did not apply for medical pension. However, the

respondent authorities would be able to consider his

representation in the event such a representation is made

before the respondent no.2 within a stipulated time.

I have heard the submissions of the learned counsels

appearing on behalf of the parties and have perused the writ

petition.

It is an unfortunate case where the petitioner no. 1 had to

be declared unfit to continue in service due to psychiatric

reason.

It is also apparent that for whatever reason the petitioner

no. 1 could not apply for medical pension in time.

In the interest of justice, I find that an opportunity should

be granted to the petitioner no. 1 to make a representation

before the concerned authorities in order to avail of his medical

pension.

In view of the above, let the petitioner no. 1 make a

representation before the respondent no.2 within a period of

four weeks from this date applying for the benefits of medical

pension and in such event, the representation shall be

considered by the respondent no.2 within a period of six weeks

from the date of making such representation in accordance

with law.

With these observations, the writ petition is thus disposed

of.

Urgent photostat certified copies of this order may be

delivered to the learned Advocates for the parties, if applied for,

upon compliance of all formalities.

(Jay Sengupta,J.)

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