Ajit Bhattacharji & Ors vs Union Of India & Ors
2023 Latest Caselaw 6725 Cal

   4
04.10.2023
   D.Hira
Court No. 12
                           In The High Court At Calcutta
                            Civil Appellate Jurisdiction
                                   Appellate Side


                                 FMA 2415 of 2013

                               Ajit Bhattacharji & ors.
                                       Versus
                                Union of India & ors.

                         Ms. Reshmi Hossain,
                         Mr. M. Hossain,
                         Ms. M. Brahmachari,
                         Ms. Mohua Biswas,
                         Ms. Sabana Khatun.
                                    ... for the appellants

                         Mr. D.N. Roy,
                         Mr. Bhaskar Mukherjee,
                         Mr. Debdutta Dutta.
                                    ... for the respondent

nos. 4, 5 and 6

Affidavit-of-service filed in Court today is taken on

record.

Learned counsel appearing for the appellants

submitted that the similar matter was considered by

the Hon'ble Apex Court in the judgment in 2022 SCC

Online SC 594 that the persons who have not opted

before the cut of date will automatically transferred to

the pension scheme. The ratio in the said judgment is

applicable to the facts of the present case since the

appellants have not opted for transfer.

Learned counsel for the respondent nos. 4 to 6

submitted that the judgment relied on by the counsel

for appellant is applicable only for Delhi University and

not to the Indian Institute of Management, Calcutta

the respondent herein and he will argue to that effect.

Learned counsel for the respondents further

submitted that in the paper book filed at page 247 the

appellant have filed supplementary affidavit enclosing

the documents without filing a petition for permission

to file supplementary affidavit and hence, those

documents cannot be relied on by this Court in the

present appeal.

Both counsel for appellants and respondents seek

time to argue the case.

At the request post the matter on 23rd November,

2023.

In re:- CAN 3 of 2022

Learned counsel for the appellants submitted that

CAN 3 of 2022 was filed to rectify the status of the

matter showing as dismissed and subsequently

pending CAN 3 of 2022 it was rectified and the appeal

is restored to the file.

In view of the same, CAN 3 of 2022 is closed as no

order is necessary.

(V.M. Velumani, J.)

(Rai Chattopadhyay, J.)