Sukumar Chakraborty vs Director Of Pension
2022 Latest Caselaw 6756 Cal

   114
20.09.2022
   d.p.


                           In The High Court At Calcutta
                          Constitutional Writ Jurisdiction
                                  Appellate Side


                               W.P.A 10821 of 2022


                                Sukumar Chakraborty
                                       -versus
                           Director of Pension, Provident Fund
                           and Group Insurance & Ors.


                      Mr. Sahasrangshu Bhattacharjee,
                      Ms. Sayantanee Bhattacharjee.
                                  ...For the Petitioner.

                      Ms. Sima Adhikari,
                      Ms. Kakali Naskar.
                                  ...For the State.



                   Affidavit-of-service filed in Court today is taken
             on record.


                   The petitioner is aggrieved by the act of the DPPG
             in recovering a sum of Rs.1,42,226/- which was
             erroneously paid to the petitioner on account of salary
             overdrawal.


                   The petitioner has received the balance amount
             mentioned in the Pension Payment Order.


                   The petitioner has averred in the writ petition
             that he had filed a written undertaking that in the
             event any amount has been paid to him in excess, the
             same shall be refunded by him.
                      2




      It has been contended that the said undertaking
was submitted without having knowledge of the order
passed by the Hon'ble Supreme Court in this regard.


      It has further been contended that giving an
undertaking by the employee will not stand as an
embargo to claim the amount that has been deducted
from the retiral dues of the employee.


      Reliance has been placed on the judgment passed
by the Hon'ble Supreme Court in the matter of Thomas
Daniel -vs- State of Kerala & Ors. reported in 2022
Livelaw (SC) 438.


      Learned    advocate   appearing     for   the   State
respondents is not ready in the matter.

Accordingly, the respondents are directed to file affidavit-in-opposition within a period of two weeks after reopening of the Court after the ensuing Puja Vacation. Reply, if any, be filed within a week thereafter.

The matter shall be treated as ready for hearing immediately after expiry of the aforesaid time period.

( Amrita Sinha, J.)