The Andaman And Nicobar Administration And ORS. v. Shri. Shanker Chander Das

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** MAT/29/2025 The Andaman and Nicobar Administration and others Vs Shri. Shanker Chander Das Mr. Rakesh Kumar ... for the appellant Mr. Gopala Binnu Kumar ... for the respondent December 12, 2025 [AKB] Item No.15 This intra court appeal is directed against an order dated December 04, 2024 passed by the learned Single judge in WPA/256/2021.

By the order impugned, a direction was passed upon the authorities to consider the claim of the writ petitioner for release of arrears of salary and to pass a final order thereupon. Mr. Rakesh Kumar, learned advocate appearing for the appellant submits that the writ petitioner/respondents herein did not perform any duties and for which he is not entitled to any arrears salary.

Mr. Gopala Binnu Kumar, learned advocate appearing for the writ petitioner/respondent herein submits that the appellant has admitted in the memorandum of appeal that the writ petitioner has reported for duty on the basis of an office order.

The learned Single Judge, without entering into the merits of the claim made by the writ petitioner, disposed of the writ petition by directing the appellant-authority to consider the

prayer of the writ petitioner/respondent for releasing the arrears of salary for a particular period and to pass a final order. The appellant-authority was also directed to verify its own record and to ascertain actual dues of the petitioner. After going through the said order this Court finds that on the merits of the claim made by the writ petitioner was not adjudicated upon by the learned Single Judge and all points were kept open to be decided by the concerned authority. For such reasons this Court is not inclined to interfere with the order impugned.

It is however made clear that this Court has not gone into the merits of the claims and counter claims of the respective parties and it will be open to the authorities to take a decision in that regard.

At this stage learned advocate for the appellant prays for extension of time to comply with the directions contained in the order impugned. In the light of the submission made by the learned advocate for the appellant, the time to comply with the impugned order stands extended for a period of four weeks from the date of receipt of a server copy of this order. MAT/29/2025 is accordingly disposed of with the aforesaid observations and directions.

[Hiranmay Bhattacharyya] [Shampa Dutt (Paul), J.]