Goutam Adhikary vs Union Of India & Ors
2023 Latest Caselaw 1770 Cal

    98                    IN THE HIGH COURT AT CALCUTTA
16.03.2023               CONSTITUTIONAL WRIT JURISDICTION
 (sanjay)
   Ct 25                         APPELLATE SIDE

                                  WPA 21012 of 2022

                                   Goutam Adhikary
                                            Vs.
                                  Union of India & Ors.

                          Mr. Dilip Kumar Maiti .... for the petitioner.

                          Ms. Debjani Ghosal    ...for the respondents.

Mr. Maiti, learned counsel appearing on behalf of

the petitioner submits that the undertaking annexed with

the report on affidavit was only signed post retirement for

release of pensionary benefits. Such undertaking was not

signed in the nature of to the employer for any

money/enhancement of pay granted to him due to pay

fixation without any fraud or misrepresentation on the

part of the petitioner.

He relies on a judgment passed by a Co-ordinate

Bench of this Court (reported in 2008(3) CHN 62,

Amita Kundu (Rana) -Vs.- State of West Bengal &

Ors.) in support of his contention that any undertaking

given for the disbursement of pensionary benefits cannot

be held against the employee/petitioner for recovery of

any purported overdrawn amount just prior to retirement

or immediately after the same.

An accommodation is sought for on behalf of Mr.

Bhattacharjee, learned counsel appearing for the

respondents.

Let this matter appear for further consideration on

March 28, 2023 under the heading "Motion".

All parties shall act on the server copies of this

order duly downloaded from the official website of this

Hon'ble Court.

(Lapita Banerji, J.)