Calcutta High CourtWPA/37/2022disposed

Dr. Neelaveni v. The Lieutenant Governor And Others

2022-12-20Hon'Ble Justice Rajasekhar Mantha2 pages

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/37/2022 Dr. Neelaveni Vs.

The Lieutenant Governor and others Ms. Anjili Nag ... for the petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the respondents December 20, 2022 [SR] Item No.4 The short question to be considered is as to whether the petitioner is entitled to claim remuneration for the period of service rendered after expiry of the contract. Admittedly, she has worked for a period of three months between 01.04.2021 to 15.07.2021 after expiry of the period of 11 months of contract. The Administration has received the service of the petitioner.

Mr. Shatadru Chakraborty, learned counsel for the Administration submits, without prejudice to the rights of the Administration, as regard to the entitlement of the petitioner, that the grievance of the petitioner is a service dispute against the Administration, which must be raised before the learned Central Administrative Tribunal. The writ petition is not maintainable.

On merits, it is submitted that the petitioner may have worked for the said period but has done suo moto and without a formal extension. The extension was declined to the

petitioner in view of the regular appointment having been made in the vacancy by the Administration. The Scheme in which the petitioner was appointed, had also lapsed. Having considered the preliminary objection, the Court is of the view that while it is true that the petitioner ought to have approached the Central Administrative Tribunal in terms of the Administrative Tribunal Act, 1985, it would be in the interest of Administration, to save further legal expenses in a fresh round of litigation before the Tribunal, to take a decision on the claim of the writ petitioner, since she has admittedly served the Administration for the aforesaid period of three months.

Let such decision be taken by the Secretary (Health), A & N Administration, within a period of one month from the date of communication of a copy of this order. WPA/37/2022 stands disposed of without any order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )