Souren Das v. The State Of West Bengal And ORS

13.08.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 12099 of 2021 Souren Das Vs.

The State of West Bengal & Ors.

Mr. Pradyat Saha, Mr. Sanjay Chakraborty ... For the petitioner.

Mr. Amal Kumar Sen, Mr. Jaladhi Das ... For the State.

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

The petitioner claims to be a former employee of Transport Department, Government of West Bengal.

The petitioner is challenging a memorandum dated 22nd January, 2020 issued by the Secretary, Transport Department, Government of West Bengal (hereinafter referred to as the said memo). The petitioner was an employee of the Transport Department of Government of West Bengal and, as such, a former State Government employee. By the said memo, the pension of the petitioner has been "cut permanently" under the provisions of Rule 10 of West Bengal Service (Death-cum-Retirement Benefit) Rules, 1971 and the petitioner is challenging the same. The proper forum for the petitioner to

ventilate his grievances is the State Administrative Tribunal, constituted under the State Administrative Tribunal Act, 1987.

The writ petition is, therefore, dismissed only on the ground of want of jurisdiction and I have also not gone into the merits of the matter. The petitioner, however, shall be entitled to espouse his grievances on the selfsame cause before the appropriate forum.

(Arindam Mukherjee, J.)