G.Nedunchezian v. The Andaman And Nicobar Administration And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/328/2024 G.Nedunchezian Vs.
The Andaman and Nicobar Administration and others Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents July 31, 2024 [SR] Item No.2 A portion of an order dated June 27, 2023 passed by the Secretary (Personnel), Andaman and Nicobar Administration, is under challenge in this writ petition.
The writ petitioner was employed under the Andaman and Nicobar Administration between 1990 and 2002 for approximately 12 years. In 2002, he was observed in High Court service. He took voluntary retirement in the year 2022. On the basis of his service with the High Court for 20 years, he has been paid the retiral benefits by the High Court. He says that his service with the Administration has been de-tagged from his service with the High Court. Therefore he is entitled to benefits from the Administration for the 12 years that he worked with the Administration.
He had made a representation before the competent authority in June, 2022. Since the same was not receiving the attention of the authority, he approached this Court by filing
WPA/233/2023. That writ petition was disposed of by a learned Judge of this Court by an order dated July 19, 2022 directing the concerned authority to decide and dispose of the petitioner's representation as expeditiously as possible and preferably within eight weeks from date of the order. Pursuant to such order, the Secretary (Personnel) has passed the order which is under challenge in this writ petition. The operative portion of the order reads as follows:- "NOW THEREFORE, considering the aforesaid facts, rules and provisions to this effect, the undersigned is of the view that the benefit of past service w.e.f 12.04.1990 to 12.06.2002 is admissible and all the pensionary benefits require to be revised in terms CCS(Pension) Rules, 1972.
The Registry of Hon'ble Calcutta High Court, Circuit Bench at Port Blair is requested to submit a proposal to the Chief Pay & Accounts Office, Port Blair for revising the pensionary benefits and issuance of necessary order to this effect in respect of Shri G Nedunchezian, Retired ARC counting his past service rendered under A & N Administration prior his permanent absorption as Assistant Registry of Court This issue with the approval of Competent Authority in pursuance of the judgment order dated 19.07.2022 passed in WPA/233/2022 by the Hon'ble Calcutta High Court." The writ petitioner is aggrieved with the portion of the order whereby the Secretary (Personnel) has called for a proposal to be sent to the Chief Pay & Accounts Office, Port Blair by the Registry of this Court for revising the pensionary benefits and issuance of necessary order in respect of the petitioner. The petitioner says that the Registry of the High
Court has nothing to do with payment of pensionary benefits by the Administration for the 12 years period during which he worked with the Administration.
The Registry has not done anything. The petitioner is not receiving his pensionary benefits from the Administration. Representing the Administration, learned advocate says that the proposal as called for from the Registry is necessary for determining the amount of pensionery benefits payable to the petitioner. A letter dated July 04, 2023 has been written by the Pay & Account Officer -II to the Registrar of Circuit Bench of Calcutta High Court at Port Blair which reads as follows:- "Sir, Please find enclosed herewith Andaman & Nicobar Administration Secretariat Order NO.1814 dated 27/06/2023, wherein it is mentioned that, the benefit of past service w.e.f 12/04/1990 to 12/06/2002 is admissible and all the pensionary benefits is required to be revised in terms of CCS(Pension) Rules, 1972.
Accordingly, it is requested to submit the revised pension case in r/o Shri G Nedunchezian for early settlement of the case." Learned advocate says that the Administration has not received any response from the High Court Registry. Having considered the facts and circumstances of the case, I find that in principle the Administration has accepted that the petitioner is entitled to pensionary benefits for the period he served under the Administration. The quantification of such benefits only remains to be done.
I direct the Registrar, Circuit Bench of Calcutta High Court at Port Blair to respond to the letter dated July 04, 2023
written by the Pay & Accounts Officer -II within two weeks from the date of communication of this order to the learned Registrar. If no such reply is issued by the learned Registrar, it will be deemed that he has nothing to say in the matter. In that event, after expiry of fortnight from the date of communication of this order to the learned Registrar, the competent authority of the Administration will take necessary steps for quantification of the pensionary benefits payable to the petitioner and shall ensure that such benefits are disbursed within three months thereafter.
Since I have not called for any affidavits, the allegations in the writ petition are deemed not to be admitted by the respondents.
WPA/328/2024 is accordingly disposed of.
(Arijit Banerjee J.)