Samrat Majhi v. The Union Of India And ORS.

55. 22.05.2025 Court No.02.

(Pritam) WPA 9939 of 2025 Samrat Majhi.

-Vs.- The Union of India & Ors.

Mr. Soumya Majumder, Sr. Adv., Mr. Dhanonjoy Banerjee, Mr. Pradip Mukherjee, Mr. Tanmoy Khan, Mr. Purnankar Biswas.

.....for the petitioner.

Ms. Manju Manot (Agarwal), Mr. Ashique Mondal.

....for the UoI/respondents.

Affidavit-of-service filed in court today be taken on record.

Mr. Majumder, learned senior advocate appears for the petitioner.

Ms. Agarwal, learned advocate appears on behalf of the Union of India.

The petitioner is an employee of RPF, claims benefits arising out of his employment terms and conditions, since he has been declared as a medically disabled person. The petitioner has submitted a representation dated April 1, 2025, annexure 23 at page-68 of the writ petition through its learned advocate, the same has not been considered.

On the prayer of Mr. Majumder, learned senior advocate for the petitioner, leave is granted to file supplementary affidavit. Supplementary affidavit filed

in Court today is taken on record. Copy has been served.

In view of the above, the respondent no.6 and/or any other appropriate or jurisdictional authority upon issuing 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 April 1, 2025 at page-68 to the writ petition by passing a reasoned order in accordance with law. It is needless to mention that the petitioner shall be entitled to participate in the hearing along with his duly authorized representative, if necessary. The entire exercise shall be carried out by the respondent no.6 and/or by the appropriate authority positively within a period of six weeks from the date of this order and the reasoned order shall be communicated 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 merits of the claims of the petitioner and he shall be at liberty to urge whatever points he wishes to urge relying upon documents he wishes to rely, but the same shall not travel beyond the scope of the said representation dated April 1, 2025.

In the event, the reasoned decision goes in favour of the petitioner, the appropriate authority shall give an

immediate effect thereto positively within a period of four weeks from the date of the such reasoned order to be passed.

It is made clear that this order shall not create any right and equity in favour of the petitioner, if the petitioner does not succeed to his claim strictly in accordance with law.

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

With the aforesaid observations and directions, this writ petition being WPA 9939 of 2025 stands disposed of without any order as to costs.

(Aniruddha Roy, J.)