YOHANNAN SAJEEVAN Vs. LIEUTENANT GOVERNOR, ANDAMAN AND NICOBAR ISLAND
HIGH COURT OF CALCUTTA
Lieutenant Governor, Andaman And Nicobar Island
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Rajasekhar Mantha, J. -
(1.)The petitioners are all employees of the Andaman and Nicobar Administration. They are aggrieved by a sudden withdrawal of H.R.A. benefit allowed by a previous Lieutenant Governor. The decision of the previous Governor and/or Administration has not only been reversed but departmental proceedings have also been contemplated for alleged wrongful enjoyment of a benefit.
(2.)The petitioners contend before this Court that a benefit once given, cannot be recovered and much less can there be departmental proceedings against the petitioners for receiving the benefit in accordance with law.
(3.)Mr. Rao, learned counsel for the Administration takes preliminary objection on jurisdiction. He submits that the petitioners are all employees of the Andaman and Nicobar Administration and the subject matter of the writ petition is a benefit arising out of service.
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