RENUKA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant lis has arisen because of reference being made in WPA 10545 of 2020 and WPA 18830 of 2022 and an appeal being preferred against the Judgement and order passed by an Hon'ble Single Bench in writ petition No. 22759 (W) of 2019 dtd. 19/2/2020.

(2.) In the WPA 10545 of 2020 excess amount has been paid to the petitioner namely Renuka Sarkar who was posted as Assistant Commercial Tax Officer under Bengal circle being an employee of the Government of West Bengal. She has retired from service on 30/6/2012. Her pension was being credited in her account maintained with the respondent State Bank of India, Sarsuna Branch. It is the contention of the respondent bank that since July 2012 to December 2015 excess amount has been calculated and paid due to mistake in assessing the dearness allowance while from January 2016 to January 2019 excess amount has been paid because of mistake in calculation in the basic amount. The total excess amount paid to her as pension amounts to Rs.5,22,830.00. By a letter dtd. 30/8/2019 the respondent bank informed the pension holder as regards to the fact of excess payment made. She was also informed that in terms of circular a monthly deduction of Rs.6,887.00 has been made in respect of pension account and the said amount of deduction is 1/3rdof the gross pension amount. The writ petitioner preferred the said writ petition before the Hon'ble Court being aggrieved by the fact of recovery of the said excess amount. After the exchange of affidavits in the said writ petition the Hon'ble Bench vide order dtd. 7/7/2022 was pleased to dispose of the matter and has been pleased to send the record along with the judgement to be placed before the Hon'ble the Chief Justice for constitution of larger bench for examination of the following issue:

(3.) In the second writ petition being WPA 18830 of 2022 which has been referred, the writ petitioner namely Jharna Chakraborty is the wife of Suman Chandra Chakraborty since deceased, who was an employee of the State Government. The employee retired on 30/6/2000 and had been obtaining pension till his expiry on 13/10/2002. After the intimation of death of the employee since deceased on 28/10/2002, the petitioner started to receive family pension and the pension account is with the State Bank of India. The family pension continued till December 2021 and thereafter from January 2022 the said family pension was stopped. The bank authority informed the petitioner that due to miscalculation excess of payment amounting Rs.9,71,184.00 has been made to the petitioner during the period 6/6/2007 to 31/12/2021. The writ petitioner thereafter on 29/1/2022 had gone to the bank where she had to sign on a form being compelled, otherwise her survival was at stake. The respondent bank thereafter on 15/2/2022 requested the writ petitioner to repay the excess amount. It was also intimated that such excess is on account of wrong calculation of the basic pay which has crept in inadvertently. The bank authority decided that the pension amount is to be Rs.9410.00. The bank authority started deducting Rs.9,135.00 towards recovery and writ petitioner is being credited the paltry amount of Rs.275.00 as pension in her account. Being aggrieved by such decision of the bank authority the said petitioner preferred a writ petition. On 8/12/2022 an Hon'ble Single Bench of this Court directed the respondent bank authority to pay family pension to the petitioner at the rate calculated by the SBI every month as was being paid from October 2002 till December 2021. The respondent bank is now crediting Rs.6534.00 as family pension and deducting Rs.3,135.00 towards recovery. Along with the aforesaid order the Hon'ble Single Bench also passed the following: