Badal Kumar Maiti vs The State Of West Bengal & Ors
2022 Latest Caselaw 107 Cal

17.01.2022
Item No.20
Ct. No.5
 Aloke
                      W.P.A. 20719 of 2021
                      (Via Video Conference)
                        Badal Kumar Maiti
                                Vs.
                  The State of West Bengal & Ors.


                 Mr. Sourav Mitra
                 Ms. Srehasree Choudhury
                                   ... for the petitioner

                 Ms. Tapati Samanta
                                         ... for the respondent no. 4

Affidavit-of-service filed today be kept with the

record.

The only prayer in the writ petition is a direction

on the State respondents to repay the overdrawn amount

of Rs.59,144/- to the petitioner along with interest.

According to learned counsel, the petitioner retired as

Librarian of the concerned Library on 30 th June, 2006

and the pension payment order issued on 18 th July, 2008

deducted the amount of Rs.59,144/- as overdrawn

amount.

After hearing learned counsel including that of the

State, the petitioner is squarely covered by the judgment

of the Supreme Court in State of Punjab v. Rafiq Masih

reported in (2015) 4 SCC 334 in para 18 of the said

judgment as the recovery was made after the petitioner

retired from service. There is however considerable delay

in filing of the present writ petition since the petitioner

retired in 2006, the PPO was issued in 2008 and the writ

petition was filed in 2021. However since the petitioner

has not gained any benefit from the delay in filing the writ

petition, the petitioner cannot be deprived of his rightful

dues as settled by the Supreme Court.

W.P.A. 20719 of 2021 is disposed of with a

direction on the concerned respondent being the

respondent no. 3 to pay the amount of Rs.59,144/- to the

petitioner along with interest calculated at the rate of 6%

per annum from 18th July, 2008 to the date of actual

payment.

(Moushumi Bhattacharya J.)