Union Of India And ORS v. Dr. R. Thulasidasan

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WP.CT/4/2025 Union of India and others Vs.

Dr. R. Thurlasidasan Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the petitioners March 10, 2025 [SR] Item No.3 1.

The order of the learned Tribunal was of an interim nature by which the respondent authorities were directed to restore the provisional pension and make payment of the same to the applicant along with arrears from the date it was stopped along with other retirement benefits admissible to him as per rules within a period two weeks.

2.

The interim order was passed on 18th December, 2024. The writ petition was filed close to the date by which the order should have been complied with. The matter was made returnable before the Circuit Bench in February, 2025. 3.

Prima facie it appears that the respondents have continued with the disciplinary proceeding beyond the time stipulate by the Hon'ble Supreme Court and an application filed for extension of time was withdrawn on 1st September, 2023. 4.

Admittedly the disciplinary proceeding was not concluded within the time granted by the Hon'ble Supreme Court and the period was never extended beyond the time allowed by the Apex Court in its order dated 19th August, 2021. Time was extended till 30th November 2021. Any steps taken beyond the time

prescribed by the last order of the Hon'ble Supreme Court will be without jurisdiction. It is important to note that the Hon'ble Supreme Court in its order dated 31st January, 2022 initially extended the time till 15th May, 2022 and the application for extension was withdrawn on 1st September, 2023 after it was extended till 30th November 2021.

5.

Moreover we have been informed that the application was finally heard by the Learned Tribunal in the meantime and the judgment was reserved.

6.

In view of above fact, we do not find any reason to interfere with the interim measure. It was filed after the returnable date was fixed by the learned Tribunal within which time we feel that the authority ought to have acted upon the said order. In view of that we dismiss this application. 7.

However, it is needless to mention that any payment made in terms of the impugned order shall abide by the final order to be passed by the learned Tribunal and the acceptance as well as payment of pension or benefits in terms of money or otherwise shall be without prejudice to the rights and contentions of the parties.

8.

In view of the fact that in spite of the service, the respondent is not represented, copy of this order shall be communicated to the respondent by the authorities within one week from date.

9.

Affidavit of service filed in court is taken on record. 10.

The respondent shall assist the authorities concerned for implementation of the interim relief granted to the respondent

without prejudice to the rights and contentions of the respondent.

11.

With the above observations and directions, the WP.CT/4/2025 stands disposed of. However, there shall be no order as to costs.

( Soumen Sen, J. ) ( Raja Basu Chowdhury, J.)