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2024 Supreme(SC) 82

ANIRUDDHA BOSE, SANJAY KUMAR
D. Ganesan – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs. V Mohana, Sr. Adv., Mr. Karthik Sundar, Adv., Ms. Bhavya Pandey, Adv., Ms. Sneha Botwe, Adv., Mr. Vijay Kumar, AOR, Mrs. N C Kavitha, Adv.
For the Respondent: Mr. Vikramjit Banerjee, A.S.G., Mr. Gurmeet Singh Makker, AOR, Ms. Rukhmini Bobde, Adv., Ms. Priyanka Das, Adv., Mr. Pranay Ranjan, Adv., Mr. Sachin Sharma, Adv., Ms. Divya Jyoti Singh, Adv., Mr. Suyash Pandey, Adv.

Headnote: Read headnote

JUDGMENT :

1. Leave granted.

2. Rejoinder affidavit of the appellant is not on record.

3. Ms. Mohana, learned senior counsel, appearing for the appellant, however, submits that she won’t rely on the rejoinder affidavit and wants to proceed with the hearing of this matter on the basis of available pleadings.

4. The appellant, who was working with Bhabha Atomic Research Centre (BARC), is aggrieved by the judgment and order of the High Court passed on 28.04.2022 in Writ Petition No.54 of 2020 imposing the punishment of compulsory retirement upon him. The operative part of the order of the High Court reads:-

    “17. In the result, this Writ Petition is disposed of. The Applicant/1st Respondent is imposed with the punishment of Compulsory Retirement, which will take effect from today. The Applicant/1st Respondent is entitled to only 40% of the pensionary benefits. Though an order of Compulsory Retireme
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