Sk. Alimuddin v. Union Of India And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 2283 of 2025 Sheikh Alimuddin VS Union of India & Ors.

Mr. Sujit Banerjee Mr. Nilay Sengupta .... for the petitioner Mr. Brijendra Pratap Singh .... For respondent nos. 1 Affidavit of service filed in Court today, is 26.8.2025 (Item No. 10) (AB) taken on record.

Mr. Sujit Banerjee, learned counsel led by Mr. Nilay Sengupta, learned advocate appears for the petitioner.

Mr. Brijendra Pratap Singh, learned Senior counsel appears for respondent nos. 1.

The rest of the respondents are not represented, despite notice.

The solitary grievance of the petitioner is that, petitioner claims disbursement of pension after his retirement. The petitioner retired on September 30, 2018 and since then pension has not yet been released. Referring to the representation dated November 20, 2024, annexure P-4 at page 16 to the writ petition the petitioner submits that the representation made through the learned advocate has not yet been considered.

In view of the above, the petitioner shall serve a copy of this writ petition along with a copy of today's order upon respondent no. 2 forthwith.

The respondent no. 2 then upon issuing a prior hearing notice to the petitioner and after granting him an opportunity of hearing shall decide the said representation dated November 20, 2024, annexure P-4 at page 16 to the writ petition by passing a reasoned order in accordance with law. The entire exercise shall be carried out and completed by the respondent no. 2 positively within a period of six weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioner within a further period of one week from the date of the said reasoned order to be passed.

It is made clear that, this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points he wishes to urge by relying upon records and documents he wishes to rely upon before the respondent no. 2 but the same shall not travel beyond the representation dated November 20, 2024.

In the event, the reasoned order goes in favour of the petitioner, the entire amount on account of pension that shall be found to be payable to the petitioner shall be calculated along with interest @ 6%

per annum since the next date of retirement of the petitioner till the date when the amount will be actually tendered to the petitioner.

In the event, the reasoned order goes in favour of the petitioner, the entire payment along with interest as directed herein shall be paid to the petitioner by crediting the bank account of the petitioner but positively within a period of six weeks from the date of the said reasoned order to be passed. It is made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to his claim before the respondent no. 2 strictly in accordance with law or to the extent of any part of it is claimed.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

Accordingly, this writ petition W.P.A. 2283 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)