PARDESHI JESWARA SURENDRA KUMAR SHARMA vs UNION OF INDIA AND ORS. — FMA /1120/2021
Case under No Act Section NA. Disposed: Contested--DISPOSED on 27th June 2023.
CNR: WBCHCA0097652021
Next Hearing
02nd March 2021
Filing Number
MAT /256/2021
Filing Date
24-02-2021
Registration No
FMA /1120/2021
Registration Date
24-02-2021
Judge
HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE SUPRATIM BHATTACHARYA
Coram
HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE SUPRATIM BHATTACHARYA
Bench Type
Division Bench
Category
GROUP A (WRIT MATTERS) ( 1 )
Sub-Category
Miscellaneous ( 16 )
Judicial Branch
FIRST MISCELLANEOUS APPEAL (FMA) SECTION
Decision Date
27th June 2023
Nature of Disposal
Contested--DISPOSED
Acts & Sections
Petitioner(s)
PARDESHI JESWARA SURENDRA KUMAR SHARMA
Respondent(s)
UNION OF INDIA AND ORS.
Hearing History
Judge: HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE SUPRATIM BHATTACHARYA
FOR ADMISSION
MENTIONED MATTERS
MENTIONED MATTERS
MENTIONED MATTERS
MENTIONED MATTERS
| Date | Purpose | Result |
|---|---|---|
| 02-03-2021 | FOR ADMISSION | |
| 05-04-2023 | MENTIONED MATTERS | |
| 13-03-2023 | MENTIONED MATTERS | |
| 09-03-2023 | MENTIONED MATTERS | |
| 06-03-2023 | MENTIONED MATTERS |
Orders
The High Court dismissed a modification application filed by the heirs of Pardeshi Jeswara, who had challenged his superannuation from Kolkata Port Trust on grounds of incorrect age. The court found that during his lifetime, Jeswara deliberately refused to undergo an ossification test twice despite being given opportunities, and subsequently failed to challenge the Division Bench's June 2023 judgment before the Supreme Court. The court held that the heirs cannot now benefit from his non-compliance and that a disposed matter cannot be reopened without proper grounds, dismissing the application as neither legally maintainable nor having merit. This case analysis is maintained by casestatus.in based on publicly available court records.
The High Court dismissed a modification application filed by the heirs of Pardeshi Jeswara, who had challenged his superannuation from Kolkata Port Trust on grounds of incorrect age. The court found that during his lifetime, Jeswara deliberately refused to undergo an ossification test twice despite being given opportunities, and subsequently failed to challenge the Division Bench's June 2023 judgment before the Supreme Court. The court held that the heirs cannot now benefit from his non-compliance and that a disposed matter cannot be reopened without proper grounds, dismissing the application as neither legally maintainable nor having merit. This case analysis is maintained by casestatus.in based on publicly available court records.
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