SUJOY KUMAR PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 27/11/2015 passed by the West Bengal Administrative Tribunal, Kolkata (for short 'the Tribunal') in O.A. No.997 of 2013.

(2.) The learned Counsel for the petitioner submitted that issue regarding fixation of pay and pension of the deceased Adwaita Kumar Pal has not been dealt with by the Tribunal in terms of which proper fixation of the last drawn pay and consequently the pension of the deceased employee was not made. It is further argued that the Tribunal has failed to grant interest on the amount of gratuity of 2,50,000/-, which was wrongly withheld by the respondents.

(3.) On the other hand, the learned Counsel for the respondents submitted that the issue regarding fixation of pay and family pension was not raised by the petitioner before the Tribunal, hence, seems to have been forgone. In fact, on account of excess payment to the deceased employee recovery of 2,50,000/-was required to be made and was partly made out of the gratuity payable to him. Recovery of excess payment made to the predecessor-in-interest of the petitioner has been set aside only in terms of the judgment of the Hon'ble the Supreme Court in State of Punjab and Ors. Vs. Rafiq Masih (White Washer) and Ors. , 2015 4 SCC 334. The only argument raised before the Tribunal was that recovery of the amount from the gratuity due to the predecessor-in-interest of the petitioner should not have been made and the amount already deducted be refunded. It was further submitted that the petitioner is not entitled to get any interest thereon as even the principal amount which, has been directed to be refunded is on account of equity.