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

CASE DISPOSED

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

NO ACT Section NA

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

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

23-03-2026
HON'BLE JUSTICE SABYASACHI BHATTACHARYYA,HON'BLE JUSTICE SUPRATIM BHATTACHARYA

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.

casestatus.in Summary

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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