Calcutta High Court (Appellete Side)
Bimal Kumar Majumdar vs The State Of West Bengal & Ors on 11 February, 2022
11
11.02.2022
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 6815 of 2014
(Via Video Conference)
Bimal Kumar Majumdar
-versus
The State of West Bengal & Ors.
Mr. K.M. Hossain.
...For the Petitioner.
The petitioner is a retired primary school teacher.
He approached this Court earlier being aggrieved by the
action on the part of the Director, Directorate of
Pension, Provident Fund and Group Insurance in
deducting a sum of Rs.1,21,198/- on account of the
same being overdrawn by the petitioner while he was in
service.
The said writ petition being W.P. 24772(W) of 2008
was disposed of by the Court by an order dated 21st
February, 2011. The Court directed that the unilateral
adjustment and/or deduction of the aforesaid amount
while computing the retiral benefits was not tenable in
the eye of law and accordingly, the same had been
quashed and set aside.
The Director, Directorate of Pension, Provident
Fund and Group Insurance was directed to recast the
retiral benefits afresh, in the light of the observation
made in the said judgment within a particular period of
time.
2
The Court further directed that as the said amount
had been arbitrarily and illegally adjusted as overdrawn
and not paid to the petitioner, the petitioner would be
entitled to compensation, to be paid in the form of
interest @10% per annum from the age of attainment of
superannuation, so far as gratuity amount is
concerned, till its actual payment. The Court further
directed that if the respondent authorities fail to pay
the said amount, so computed afresh, together with
interest within the stipulated time, the writ petitioner
shall be entitled to an additional interest @2% over and
above the rate of interest already awarded, till its actual
payment.
The Deputy Director, Pension, Provident Fund and
Group Insurance by a communication dated 21st
November, 2011 requested the learned advocate
representing the petitioner to provide legible copy of the
Pension Payment Order in respect of the petitioner
along with the writ petition for taking necessary action
in terms of the order dated 21st February, 2011 passed
by the Court.
Learned advocate for the petitioner by a
communication dated 9th February, 2012 forwarded the
legible copy of the Pension Payment Order along with
the writ petition in accordance with the request made
by the Deputy Director, Pension, Provident Fund &
Group Insurance.
The grievance of the petitioner is that the order
passed by the Court has not been acted upon and
complied till date.
The overdrawal amount that was deducted from
the retiral benefits of the petitioner has not yet been
refunded.
None appear to oppose the application of the
petitioner, despite service.
As it appears that the issue in question has
already been decided by a Co-ordinate Bench of this
Court in the earlier writ petition filed by the petitioner
and the Court by order dated 21st February, 2011 was
pleased to set aside and quash the impugned
deduction, accordingly, the respondents are bound to
comply the direction passed by the Court.
Time to comply the direction passed in the order
dated 21st November, 2011 is extended for a period of
eight weeks from the date of communication of a copy
of this order.
The respondents are directed to recast the retiral
benefits issued in favour of the petitioner and also to
pay the compensation in the form of interest and
additional interest as directed in the said order of the
Court.
The writ petition stands disposed of.
The petitioner is directed to forward a copy of the
order dated 21st February, 2011 passed in WP No.
24772(W) of 2008, copy of the Memo No.
865/L/DPPG/L-PPO/2011 dated 21st November, 2011
and a copy of the representation dated 9th February,
2012 to the aforesaid respondents at the time of
communicating the order of the Court.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
