Koushik Kar vs The State Of West Bengal And Others
2022 Latest Caselaw 2795 Cal

12th May, 2022
 (D/L No.12)
    (SKB)

                                          W.P.A. 8111 of 2022

                                              Koushik Kar
                                                 Versus
                                The State of West Bengal and others


                             Mr. Sourav Mitra,
                             Ms. Sreyasree Chowdhury
                                                  ... for the petitioner.

                             Ms. Tapati Samanta
                                                          ... for the State.



                      The 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.69,823/- to the petitioner along with

interest.

According to learned counsel, the petitioner retired

as Library Assistant of the concerned Library on

31.05.2020, the Pension Payment Order issued on

08.11.2021 and the amount of deduction as overdrawn

amount is Rs.69,823/-.

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 Vs. 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 31.05.2020 the P.P.O. was issued in

08.11.2021 and the writ petition was filed in 2022.

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.8111 of 2022 is disposed of with a direction

on the concerned respondent, being the respondent

no.3, to pay the amount of Rs.69,823/- to the petitioner

along with interest calculated at the rate of 6% per

annum from 08.11.2021 to the date of actual payment.

The respondent should take necessary steps within

four weeks from the date of communication of this

order.

Urgent photostat certified copy of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Moushumi Bhattacharya, J.)