Prakash Majhi v. The Director Of Anthropological Survey Of India And ORS

IN THE HIGH COURT AT CALCUTTA

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

WPA/570/2022 Prakash Majhi ... Petitioner Vs.

The Director of Anthropological Survey of India and others ... Respondents Mr.N.A.Khan ... for the petitioner Mr. K. Vijay Kumar ...for the respondents December 19, 2022 [SR] Item No.7 The petitioner is aggrieved that the respondent have not paid his T.A post superannuation to return to his residence in Jharkand, in the mainland.

Counsel for the respondent produced the petitioner's service book. Such service book indicates that the petitioner was always a permanent resident of Garacharma, in this Islands.

Counsel for the petitioner submits that his client is illiterate and could never signed that his permanent residence is at Garacharama.

This Court is of the view that service book of the petitioner is conclusive proof of his permanent residence. If it is the petitioner's contention that the service book has not been signed by him, the issue cannot be decided, on affidavit evidence under Article 226 of the Constitution of India. The

petitioner may take appropriate civil proceedings in that regard.

WPA/570/2022 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. )