Calcutta High CourtWPA/6513/2023disposed

Asok@Ashok Kumar Sikdar v. Kolkata Port Trust And ORS.

2023-04-18Hon'Ble Justice Lapita Banerji2 pages

18.04.23 08 Ct. No.25 Sws.M WPA 6513 of 2023 Asok @ Ashok Kumar Sikdar Vs.

Kolkata Port Trust & Ors.

Mr. Debasish Kundu ....for the petitioner Mr. Anirban Ray Mr. Ashok Kumar Jena .....for the respondents Affidavit-of-service filed in court today is retained with the records.

The petitioner worked as a permanent employee with the Calcutta Port Trust/Syama Prasad Mookherjee Port. He was superannuated from service with effect from January 1, 2016. The petitioner's grievance is that he did not get the MACP benefits that he was due to get from 2015 onwards. Despite representations the petitioner's grievance was not considered.

Mr. Kundu, learned counsel appearing on behalf of the petitioner submits that a junior of the petitioner superseded him on June 1, 2015. Even though the petitioner was eligible to be considered for promotion it was not done by the Port Trust authority. The petitioner made a representation on December 16, 2022 but till date there is no response to the said representation.

Mr. Ray, learned counsel appears for the Port Trust Authority and denies and disputes the submissions made by Mr. Kundu.

Considering the submissions made by the parties and the materials placed on records this Court directs the respondent No. 4/the respondent No. 5 to take a reasoned decision on the representations made by the petitioner within six weeks from date upon giving a personal hearing to the petitioner. The reasoned decision so taken shall be communicated to the petitioner within two weeks of passing thereof. With the directions aforesaid WPA 6513 of 2023 is disposed of.

Since no affidavits have been directed to be exchanged in the present writ petition, all the allegations contained therein are deemed not to have been admitted by the parties.

All parties to act on a server copy of this order downloaded from the official website of this Court. Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Lapita Banerji, J)