Mahuya Chakraborty And Another v. Union Of India And ORS.

04.02.2022 sb Ct 23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 7402 of 2021 Mahuya Chakraborty & Anr.

Vs.

Union of India & Ors.

Mr. Arunava Ghosh, Mr. Samrat Dey Paul .... For the petitioners.

Mr. Jayanta Kumar Dhar ... For Union of India.

Mr. Dipak Kumar Mukherjee, Mr. Rajib Mukherjee, Ms. Shreyasi Bhaduri ... For the respondent nos. 2, 3 and 6 The petitioners are respectively the widow and son of the deceased employee, namely, Gorachand Chakraborty, of Bharat Sanchar Nigam Limited (in short, BSNL), who died in harness on 13th October, 2016. The petitioners are inter alia seeking compassionate appointment to be given to petitioner no.2.

In view of the provisions of Administrative Tribunals Act, 1985, the petitioners are required to ventilate their grievances before the appropriate Tribunal, having jurisdiction over the issue.

The writ petition is dismissed as withdrawn with liberty to approach the jurisdictional Tribunal on the selfsame cause.

It is made clear that in the event the petitioners approach the jurisdictional Tribunal within a period of three weeks from date, the period between 11th March, 2021, being the date of filing of the writ petition till today, i.e. 4th February, 2022 shall be considered as time spent before a forum without jurisdiction.

(Arindam Mukherjee, J.)