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2009 DIGILAW 691 (CAL)

Pabitra Kumar Jana v. STATE OF WEST BENGAL

2009-09-01

JAYANTA KUMAR BISWAS

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Judgment :- (1). The petitioner in this writ petition dated December 1, 2008 is aggrieved by the fact that inspite of decision of the District Inspector of Schools (S.E.), Paschim Medinipur, at pp.73-75, that his pension payment order should be corrected showing his pay at the date of retirement as Rs.13,225, and that he is entitled to refund of a sum of Rs.56,796.25 deducted from his retirement benefits alleging overdrawal and to the sum of Rs.33,573 being the salary arrears payable under ROPA, 1998, the respondents have not corrected the pension payment order and paid the amounts. (2). The petitioner was an assistant teacher in Jalchak N.N. Vidyayatan in Jalchak of the district Paschim Medinipur. On reaching the age of superannuation he retired from service on December 31, 2000. At this date his pay was Rs.13,225. Although under the ROPA, 1998 he was entitled to Rs.33,573 salary arrears, for non-placement of fund the amount was not paid. In his pension papers by mistake the authorities recorded that his last pay was Rs.12,675. Based on this the Director of Pension, Provident Fund and Group Insurance, Finance Department, Government of West Bengal issued his pension payment order, at p.46, on August 20, 2002. In the pension payment order deduction of Rs.56,796.25 was shown alleging overdrawal. Feeling aggrieved by all these he moved W.P. No.22865 (W) of 2007. By an order dated February 13, 2008 the writ petition was disposed of directing the district inspector of schools to consider the representation and give a reasoned decision. This is how the decision at pp.73-75 came to be given. (3). By an order dated April 6, 2009 the writ petition was admitted in presence of advocates for the state that has filed an opposition dated August 19, 2009. The petitioner has filed a reply dated August 28, 2009. Counsel for the respondents submits that the respondents have been taking steps for making payments and correcting the pension payment order, and that payments will be made as expeditiously as possible. (4). This is a case where the respondents drove the petitioner to the court more than once, though there was absolutely no reason to drive him to court. He was entitled to Rs.33,573 salary arrears under ROPA, 1998, but the amount was not paid. (4). This is a case where the respondents drove the petitioner to the court more than once, though there was absolutely no reason to drive him to court. He was entitled to Rs.33,573 salary arrears under ROPA, 1998, but the amount was not paid. His pay was duly fixed according to rules and at the time of his retirement it was Rs.13,225, but the respondents prepared his pension papers showing his last pay as Rs.12,675. He was never paid any amount in excess of his entitlement, and, in any case, his pay was never wrongly fixed because of any misrepresentation or fraud exercised by him. Even then the respondents decided to deduct Rs.56,796.25 from his retirement benefits. (5). In his previous writ petition this court directed the district inspector of schools to look into his grievances, and, accordingly, the district inspector of schools has given decision that all his grievances are genuine. Even after the writ petition was filed the respondents did not take steps to correct their mistakes and make payments. They went to the extent of taking a stand that steps are being taken to correct the mistakes and make the payments. I am of the opinion that the respondents have caused serious loss and prejudice to the petitioner, and that their actions have caused gross injustice to him. He is entitled to appropriate reliefs from this court. (6). For these reasons, I allow the writ petition and order as follows. Within three weeks from the date of communication of this order the respondents, especially the first respondent, shall refund the sum of Rs.56,796.25, and pay the sum of Rs.33,573, the pension arrears calculated after correcting the pension payment order showing the last pay as Rs.13,225, with interest on all the amounts at the rate of 12% per annum from January 1, 2001 till the date of actual payment, and Rs.20,000 costs.