Amir Hassan v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 08 23.4.2025 Sc Ct. no.2 WPA 2199 OF 2025 ------------- Amir Hassan Vs.

The State of West Bengal & Ors.

Mr. Kushal Chatterjee Mr. Oishik Chatterjee.

....For the Petitioner Mr. Pantu Deb Roy, AGP Mr. Pannalal Bandyopadhyay.

....For the Respondents State Ms. Deblina Chattaraj ....For the Respondent Nos. 2 to 6/WBTC Affidavits-of-service, filed in Court today, is taken on record.

Mr. Kushal Chatterjee, learned Counsel appears for the petitioner.

Mr. Pantu Deb Roy, learned Additional Government Pleader with Mr. Pannalal Bandyopadhyay, learned State Counsel appears for the respondents State.

Ms. Deblina Chattaraj, learned Counsel appears for the respondent nos. 2 to 6.

The claim of the petitioner is for correction of his age in the Service Record. The petitioner has submitted his representation dated September 26, 2024, Annexure-P5 at page 22 to the writ petition, the same has not been considered.

In view of the above, the respondent no.3 is directed upon issuing a prior hearing notice of at least seven days to the petitioner and after granting him an opportunity of hearing shall decide the said representation dated September 26, 2024, as referred to above, by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent no.3 positively within a period of six weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner positively 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 produce whatever records and documents he wishes to produce before the respondent no.3 but the same shall not travel beyond the scope of the said representation dated September 26, 2024. It is needless to mention that while verifying the records the respondent no.3 shall also verify the existing records with them relating to the petitioner and the records to be produced by the petitioner. 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 strictly in accordance with law.

In the event the reasoned order goes in favour of the petitioner, the respondent authorities shall give an immediate effect thereto by causing the necessary correction in the Service Record of the petitioner but positively within a period of three weeks from the date of the said reasoned order to be passed.

All consequential steps shall be followed accordingly.

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

With the above observations and directions, this writ petition, WPA 2199 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.)