Chitra Chatterjee (Sinha) vs The State Of West Bengal & Ors
2021 Latest Caselaw 1530 Cal

23-02-2021
 ct no. 13
  Sl.10
   sp

                        WPA 1561 of 2019
                   (Through Video Conference)


                      Chitra Chatterjee (Sinha)
                              -Versus-
                  The State of West Bengal & Ors.



             Mr. Manas Kumar Ghosh,
             Ms. Susmita Dey (Basu),
             Mr. Arabinda Maji
                                     .... For the petitioner

             Ms. Sonal Sinha,
             Mr. Sumit Roy
                                           ... for the WBSMIC



                   The petitioner retired from service of the

             respondent   no.3   West   Bengal    State   Minor

Irrigation Corporation Limited on December 31,

2016 as a Head Clerk.

A recovery of a sum of Rs. 4,14,343/- was

effected from his dues. The amounts paid under

the MCA Scheme wrongfully allowed to the

petitioner in the year 2011 with effect from the

year 2009 was recovered. It was found that the

petitioner has already availed two increments

under the previous CA Scheme. The Government

by a Memorandum dated 09.08.2018 had directed

all Bodies under the State to effect recovery from

their employees, who had been wrongfully allowed

MAC benefits in the year 2011.

It is further averred by the Corporation that

the petitioner and three others, in fact, were

granted third increment under the aforesaid MCA

Scheme only in view of a continuous agitation and

despite the fact that they were not entitled to the

same.

A similar issue has been dealt with by a Co-

ordinate Bench of this Court in its order dated

12.12.2019 passed in WP 15863 (W) of 2019.

For the reasons already mentioned in the

said order dated 12.12.2019 (supra), the

deduction made by the Respondents the case of

the petitioner is set aside. The respondent

Corporation shall pay differential amount (the

amount payable less the amount actually paid)

with interest @ 8% per annum on and from the

date of retirement till the date of actual payment.

The actual payment of sum of Rs. 9,17,264/- shall

also carry interest @ 8% per annum and shall be

paid to the petitioner from the date of

superannuation till the date of actual payment.

With the aforesaid observations, the instant

writ petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)