Anup Kumar Sen vs Uco Bank & Ors
2023 Latest Caselaw 5851 Cal

Court No. 23          IN THE HIGH COURT AT CALCUTTA
01.9.2023              Constitutional Writ Jurisdiction
(Item No. 1)
                              Appellate Side

(AB)
                          W.P.A. 17165 of 2013

                             Anup Kumar Sen
                                   VS
                             UCO Bank & Ors.


                     Mr. Ayan Kumar Boral
                                        ..... for the petitioner
                     Mr. Sudeep Pal Chowdhuri
                     Ms. Diya Nandi
                                      .... For the respondents

At the time when the matter appeared in the

list for delivering the judgment I made the parties

aware that if, I am inclined to allow the writ petition a

computation is required to be submitted by the

parties to show that the petitioner on his resignation

which was accepted by the employer the petitioner

(employee) was treated to be covered under the

Provident Fund scheme and was given the amount of

retiral benefits under different heads available under

such scheme. On the petitioner being treated as an

employee covered under Pension scheme what will be

the excess amount which has been received by the

petitioner at the time when he resigned from service.

At the same time it is to be also seen what will be the

arrears on account of pension from the date of his

resignation being accepted which may be adjusted

against the excess drawing, if any. This exercise is

required to be done as the petitioner will have to

refund the excess amount, if any, which he has drawn

on his resignation being accepted with interest so that

the employer bank can thereafter start giving the

pension and pay the arrears, if any.

Let this matter appear on 15th September,

2023.

(Arindam Mukherjee, J.)