LAWS(CAL)-2013-10-76

ASISH BINDU MAITI Vs. STATE OF WEST BENGAL

Decided On October 08, 2013
Asish Bindu Maiti Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE petitioner was an approved Assistant Teacher of Sundarban Adarsha Vidyamandir. He retired from service with effect from March 31, 2010.

(2.) ALTHOUGH his pension papers were sent to the concerned District Inspector of Schools in time he had not received the retiral benefits for a very long period and he filed a writ petition being WP No. 9936(W) of 2011 before this court. The said writ petition was disposed of by a learned single judge of this court by an order dated September 9, 2011. It appears from the order that the reason for withholding the retiral benefit of the petitioner was that due to wrong pay fixation of the petitioner some excess amount had been paid to him. The retiral benefits had not been paid to him as the excess payment has not been recovered from him.

(3.) THE single judge held that the respondents were not justified in withholding the payment of the retiral dues of the petitioner and disposed of the writ petition directing the concerned authorities to calculate the retiral dues by taking into consideration his last drawn salary without deducting any amount on account of overdrawal in pay from the retiral dues of the petitioner and directed to issue Pension Payment Order accordingly so that the entire retiral dues including the pensionary reliefs could be paid to him within eight weeks from the date of the communication of the order.