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Calcutta High Court · body

2022 DAILYLAW 1848 (CAL)

TARKESWAR TIWARI v. UNION OF INDIA AND ORS.

WPA/12832/2022 · 2026-09-10

Rai Chattopadhyay

body2022

Judgment text

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19 & 20 1100..0099..22002266 Court No. 652 D.Hira WPA 12832 of 2022 with CAN 1 of 2023 Tarkeswar Tiwari Vs. Union of India & Ors. with WPA 12386 of 2023 Tarakeswar Tiwari Vs. Union of India & Ors. Mr. Ziaul Islam, Ms. Muskaan Chowdhury. … for the petitioner Mr. Ajay Choubey, Ms. Anamika Pandey, Ms. Gareema Panth … for the UOI In re:- WPA 12832 of 2022 with CAN 1 of 2023 1. Parties are represented. 2. Mr. Ziaul Islam, learned advocate appearing for the petitioner submits on instructions that the petitioner does not want to proceed with WPA No. 12832 of 2022. 3. For the reason as above, WPA No. 12832 of 2022 is disposed of for non-prosecution. 4. The application being CAN 1 of 2023 is also disposed of. In re:- WPA 12386 of 2023 1. WPA no. 12386 of 2023 is a writ petition by the same petitioner who intends to recover the unpaid salary and service benefits which he claims to be due and 2 understanding during the period of his discontinuation on the ground of alleged termination of service. 2. Fact remains that the petitioner was terminated from service vide letter dated October 1, 2022. 3. Subsequently, the respondent no. 5 vide an office order dated March 28, 2023 has recalled the order of termination of the petitioner and reinstated him in service with effect from March 27, 2023. 4. The petitioner is aggrieved that for the period that is, from October 1, 2022 to March 27, 2023, he has not been granted any salary or other emoluments and/or service benefits, which happened to be a period of the absence of the petitioner, due to no fault of him but due to compulsion on account of the issuance of the termination letter as above by the respondent authority. 5. Accordingly, in the instant writ petition, the petitioner has sought for payment of benefits for the period as mentioned above. 6. After hearing both the parties and perusing the documents on record, it is found proper to dispose of this writ petition by directing the petitioner to file a comprehensive representation before the respondent no. 3/The Inspector General, West Bengal Sector, C.R.P.F. expressing his grievance and reliefs prayed for. 7. Let the respondent no. 3/The Inspector General, West Bengal Sector, C.R.P.F. consider the dispose of such comprehensive representation of the writ petitioner, 3 after affording reasonable opportunity of hearing to him and by dint of a reasoned order, positively within a period of eight weeks from the date of filing the comprehensive representation by the petitioner before its office. 8. The instant writ petition is disposed of with the directions as above. 9. With the aforesaid observations and directions, WPA No. 12386 of 2023 is disposed of. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Rai Chattopadhyay, J.)