YOHANNAN SAJEEVAN Vs. LIEUTENANT GOVERNOR, ANDAMAN AND NICOBAR ISLAND
LAWS(CAL)-2021-6-80
HIGH COURT OF CALCUTTA
Decided on June 16,2021

Yohannan Sajeevan Appellant
VERSUS
Lieutenant Governor, Andaman And Nicobar Island Respondents


Referred Judgements :-

L CHANDRA KUMAR VS. UNION OF INDIA [REFERRED TO]
SYED ABDUL QADIR VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

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.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.