Gopal Kanjilal vs Union Of India & Ors
2022 Latest Caselaw 4168 Cal

   M/L 82                IN THE HIGH COURT AT CALCUTTA
12.07.2022              CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct23                         APPELLATE SIDE

                                  WPA 11387 of 2022

                                     Gopal Kanjilal
                                           Vs.
                                  Union of India & Ors.

                         Mr. Prasanta Kumar pakrashi
                                         ... For the petitioner.

                         Mr. Debapriya Gupta
                                    ... For the respondents.

Affidavit of service filed in Court today is taken on

record.

This is the second round of litigation on the

selfsame cause. The petitioner is seeking pensionary

benefit on having resigned from the services of Border

Security Force (in short, BSF). The petitioner's prayer

was disallowed by Delhi High Court vide judgment and

order dated 23rd December, 2015, which is annexed at

page 17 of the writ petition. The petitioner challenged the

order of Delhi High Court before the Hon'ble Supreme

Court by filing a Special Leave Petition (in short, SLP).

The SLP was dismissed. However, the petitioner was

given liberty to make representation to the concerned

authority for payment of salary from 9th December, 1998,

being the date on which he re-joined till the date of

discharge i.e. 21st July, 1999. It is an admitted position

that the salary for the said period has been duly paid.

The petitioner says that he has made a fresh

representation for pension which has not been

considered yet. There is no scope for directing the issue

of pension being re-considered once again for the reasons

as aforesaid.

The writ petition is misconceived and devoid of

merits. The same is liable to be dismissed and is

accordingly dismissed without any order as to costs.

Since I have not called for any affidavits,

allegation made in the writ petition are deemed to have

not been admitted by the respondents.

(Arindam Mukherjee, J.)