A. N. Ray, S. N. BHATTACHARJEE ( 1 ) THE appeal is against a judgment and order passed by the Hon'ble Justice Sri BARIN GHOSH on September 9, 1999 allowing the writ petition of the respondent Nepal Sankar Chowdhury quashing a letter of the U. B. I, dated June 22, 1999 whereby the basic pension of the writ-petitioner was reduced on recomputation from Rs. 4,975. 00 to Rs. 4,222. 00 and a recovery of an amount of Rs. 51,551. 02 was ordered, as a result of recomputation and reduction of commutation value of pension from rs. l,95,180 to Rs. 1,65,633. ( 2 ) THE reason given in the letter was that the date of joining of service of the writ-petitioner was inadvertently considered as April 8, 1960 at the time of the first computation instead of taking the correct date therein, which would be October 19, 1968. ( 3 ) THE letter was issued some three years after the petitioner had retired from service and had started receiving retiral benefits. ( 4 ) IT appears that on April 8, 1960 the writ-petitioner had joined the U. B. I, establishment in a branch at Sylhet, now bangladesh, then East Pakistan. He worked up to 1968 there, when the Custodian of Enemy property concluded his services on January 31, 1968. ( 5 ) HE came over to India; his case was recommended by the Employees' Union for employment here; he joined in the Burdwan branch of U. B. I, on October 19, 1968. ( 6 ) THEREAFTER, in seniority lists, in grant of increments and in giving of token awards like wrist watches, his date of joining was all along taken as April 8, 1960. ( 7 ) THE mistake made by the bank in the first computation is, therefore, not at all blameworthy. ( 8 ) WE are of the opinion that the recomputation made by the bank is quite permissible and in order of the strict terms of the pension regulations are applied. It is also quite clear that the appointment letter of october 19, 1968 and its acceptance started a fresh employment for the writ-petitioner. ( 8 ) WE are of the opinion that the recomputation made by the bank is quite permissible and in order of the strict terms of the pension regulations are applied. It is also quite clear that the appointment letter of october 19, 1968 and its acceptance started a fresh employment for the writ-petitioner. ( 9 ) HOWEVER, it is well-known to the writ court that there are, although in rare cases, sometimes an occasion to strike down or prohibit action on the part of the public respondents which would, if permitted have the effect of too harshly or oppressively affecting a citizen of India. ( 10 ) IN the instant case, the writ-petitioner's fate was connected with the U. B. I, during his entire service career from 1960. There is no service record blemish. The writ-petitioner has not engaged in any earlier litigation. The break in service which occurred in the writ-petitioner's service career was because of political disturbance over which he had no control. ( 11 ) AGAIN, the commutation value at the larger figure has already been paid to the writ-petitioner. ( 12 ) IF the impugned letter is allowed to stand, the bank will naturally reimburse itself from the monthly pension which the writ-petitioner still enjoys. ( 13 ) IN our opinion, permitting the recovery in these circumstances would allow the U. B. I. , to enforce the strict letter of the law in a manner which would be too harsh and oppressive. ( 14 ) WE are aware that acting on these undefinable principles is very dangerous for the court; these give a wide jurisdiction to stop action which is otherwise legal. This jurisdiction has to be exercised very carefully but when the facts require exercise of this jurisdiction it would be improper not to exercise the jurisdiction even then. ( 15 ) WHAT is too harsh and oppressive is undefinable and must be found out in the facts and circumstances of each case where the only guiding factor is the conscience of the court. ( 16 ) IN this view of the matter we are unable to interfere with the order appealed from. The appeal is, therefore, dismissed. Needless to mention there will be no order as to costs. ( 17 ) ALL parties and all others concerned to act on a signed xerox copy of this dictated order on the usual undertakings.