Calcutta High Court (Appellete Side)
Dibyendu Sekhar Ghosh vs The Union Of India And Others on 5 May, 2015
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
Sl. No. 99
05.05.2015.
S.d. W.P. 11147(W) of 2014
Dibyendu Sekhar Ghosh.
-versus-
The Union of India and others.
Mr. Dilip Kumar Kundu
Mr. Chanchal Kumar Dutt
Ms. Krishna Mallick
....for the petitioner.
Mr. P. K. Roy
Mr. S. Bandyopadhyay
...for the respondent nos. 5 to 7.
Mr. Ujjal Kumar Ray ...for the UOI.
The Union of India says that in view of Section 14 of the Administrative Tribunals Act and it being the admitted position that the petitioner is a retired employee of the Income-Tax Department which is a civil post in an all India service, the petition should not be entertained.
The petitioner refers to a judgment by the Karnataka High Court reported at 1996 Lab I C 745 where that court held that the kin of a deceased employee could maintain a petition under Article 226 of the Constitution notwithstanding the said Act of 1985. 2 The definition of "service matters" in Section 3(q) of the said Act of 1985 includes matters pertaining to pension and other retiral benefits. Since the petitioner is a retired employee of an all India service and the claim pertains to the retirement benefits of the petitioner, the matter has to be carried to the Administrative Tribunal at the first instance.
WP 11147(W) of 2014 is disposed of without going into the merits thereof and by leaving the petitioner free to approach the appropriate Tribunal in accordance with law.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Sanjib Banerjee, J.)