Sajal Kumar Adhikary v. Union Of India And ORS.

15th May, 2026 Item no.M/L 243 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 9439 of 2026 In the matter of:

Sajal Kumar Adhikary .... Petitioner VS.

The Union of India & Ors.

....Respondents For the Petitioner:

Mr. Masta Fizur Rahaman ....Advocate For the Union of India:

Ms. Sumita Sarkar ....Advocate For the Respondent nos. 2-4:

Mr. Ashok Kumar Jena ....Advocate

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner prays for grant of pension on his retirement from the Syama Prasad Mookerjee Port, Kolkata on 31st October, 2024. According to the petitioner, he was in service for nearly thirty three years and he would be entitled to pension.

3. The submission of the petitioner is opposed by the learned advocate representing the port authority.

4. It has been submitted that the petitioner got the job by giving false declaration. A show-cause notice has been issued against him to which the petitioner has replied. The matter is currently pending before the authority.

5. Upon hearing the submissions made on behalf of both the parties and on perusal of the materials on record, it appears that a representation by the petitioner seeking release of his pensionary benefits is pending consideration at the end of the port authority.

6. No useful purpose will be served by keeping the writ petition pending.

7. In view of the above, the instant writ petition is disposed of by directing the Financial Advisor & Chief Accounts Officer of the Port being the respondent no. 3 herein to take a decision on the petitioner's prayer strictly in accordance with law at the earliest but positively within a period of eight weeks from the date of communication of this order.

8. A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

9. If the claim of the petitioner is accepted by the authority, then necessary consequential steps shall be taken without any further delay.

10. It is made clear that this Court has not entered into the merits of the claim of the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the petitioner's representation.

11. The writ petition stands disposed of.

12. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)