SWAPNA DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been preferred challenging inter alia a memo dated 10th May, 2019 issued by the respondent no.3 and the pension payment order dated 19th June, 2019.

(2.) Mr. Mukherjee, learned advocate appearing for the petitioner submits that the petitioner was appointed in the post of an assistant teacher in a primary school on 24th June, 1997. Subsequently, she was confirmed with effect from 24th January, 1999. Prior to such joining the petitioner obtained M.A. degree and B.Ed. degree. On the basis of such qualification the petitioner was granted 'A' category scale of pay on and from the date of her appointment. She discharged service for 20 years 11 months and 9 days and attained the age of superannuation on 31st December, 2017. As the respondents did not take necessary steps towards disbursement of the pensionary benefits, the petitioner was constrained to approach this court by a writ petition being W.P. No.22871 (W) of 2018 which was disposed of by an order dated 30th November, 2018 directing the respondents to take steps towards disbursement of the petitioner's pensionary benefits, in accordance with law. After communication of the order, the respondent no.7 by a memo dated 14th August, 2018 intimated the petitioner that an objection has been raised by the Director of Pension, Provident Fund and Group Insurance and he was requested to submit the government order in support of drawal of 'A' category scale of pay. The respondent no.3 thereafter issued a memo dated 10th May, 2019 to the petitioner observing that she had failed to submit the documents as sought for. By the said letter the petitioner was also requested to attend a hearing on 17th May, 2019. On the said date, the petitioner appeared and submitted a representation to the respondent no.3 for disbursement of her dues. Let the said representation, as produced, be kept on record. Surprisingly thereafter, a pension payment order was issued on 19th June, 2019 recovering an amount of Rs.3,21,180/- from the pensionary benefits. The petitioner's scale of pay was illegally reduced to 'B' category scale and on the basis of such scale pension was calculated to be of Rs.4,611/-.

(3.) Mr. Mukherjee, submits that on and from the date of appointment the respondents granted the 'A' category scale of pay to the petitioner and the same was continued to be paid till her superannuation without raising any objection whatsoever. At the time of processing the pension papers, the authorities have downgraded the petitioner's scale of pay and recovered an amount of Rs.3,21,180/- from her pensionary benefits in a most illegal and whimsical manner without even arriving at any decision towards such recovery.