KARTIC CHANDRA DUARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A glaring example of abuse of process of the writ Court is what manifests itself in the facts of the instant case. What at first blush appeared to the writ court as a matter which merited consideration since it involved a senior citizen, has turned out to be a murky and sordid tale involving of a person who has approached the writ Court with totally unclean hands even while grossly misrepresenting and suppressing material facts.

(2.) THE facts, as will unfold presently, will demonstrate that the writ petitioner has thrown all caution to the winds and filed the instant writ petition most unabashedly.

(3.) THE report of the Director Pension, Provident Fund & Group Insurance, Government of West Bengal, now reveals that the writ petitioner had earlier given an explicit undertaking under his signature on 28th October, 1998, declaring, inter alia, that he was agreeable to refund the salary already drawn in the old pay scale (ROPA 1981) for rendering service beyond sixty years of age in order to be eligible, for consideration of pension etc. as per revised scale of pay (ROPA 1990) with effect from 1st May, 1995. In the said undertaking he had further unequivocally declared that he would raise no objection if he was allowed pensionary benefits in the pre- 1st January, 1986, scale of pay and the salary overdrawn in the revised pay scale would be refunded by him to the Government or could be adjusted with the pensionary benefits. (emphasis supplied).