Sambhunath Chatterjee vs Union Of India & Ors
2023 Latest Caselaw 4871 Cal

   14.
08.8.2023
  S.D.

                                     W.P.A. 15457 of 2023

                                   Sambhunath Chatterjee
                                             Vs.
                                    Union of India & Ors.

                   Mr. Chanchal Kumar Dey
                   Mr. Diganta Sikdar
                                          ..For the Petitioner
                   Mr. Aryak Datta
                   Ms. Sabita Roy
                                  ...For the Respondent No. 1

Mr. Sukumar Bhattacharyya Mr. Arunava Ganguly

The petitioner seeks to claim the retiral benefits of his

father, who was an employee of the Indian Railways.

Mr. Bhattacharyya, learned counsel appearing on

behalf of the Union of India submits that since the petitioner's

father was an employee of the Indian Railways, this Court,

does not have the jurisdiction to receive, try and entertain the

writ petition, at the first instance.

Considering the submissions of the parties and the

materials placed on record, this Court is of the view that the

appropriate Tribunal under the Administrative Tribunals Act,

1985 is the Court at first instance.

A beneficial reference may be made to the Apex Court

Judgment in the case of L. Chandra Kumar vs. Union of India

& Ors. reported in (1997) 3 SCC 261.

Accordingly, W.P.A. 15457 of 2023 is dismissed as not

pressed.

It is made clear that this Court has not gone into the

merits of the writ petition.

Parties will be at liberty to take appropriate steps, if so

advised.

Since no affidavits have been directed to be exchanged

in the present writ petition, all the allegations contained in the

present petition are deemed not to have been admitted by the

parties.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Lapita Banerji, J.)