SANTI PRASAD DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has filed the present writ petition for a direction upon the respondent no. 3, the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal to refund the deducted amount of Rs. 30159/- with interest at the rate of 18% per annum from the date of retirement till the date of payment and re-fix his/her pension accordingly.

(2.) The petitioner's case in short as follows that the petitioner was an employee of the concerned Gram Panchayat. After completion of service, the petitioner retired from service on 28.2006 as the petitioner attended the age of superannuation. After retirement of the petitioner the concerned authority has prepared the petitioner's papers for pension but the said pension papers were withheld. For the reason, the petitioner has drawn excess amount due to wrong fixation of the petitioner's pay scale during his/her service tenure and the authority forced the petitioner to refund the over drawal amount. It also appears that the concerned authority reduced the petitioner's pay drawn at the time of retirement and calculated the over-drawal amount of Rs. 30,159/-. Thereafter the Pension Payment Order was issued by the Assistant Director of Pension, Provident Fund and Group Insurance vide Memo dated 30.4.2007 where from it reveals that the authority had deducted the petitioner's basic pay drawn at the time of retirement and deducted the amount of Rs. 30,159/- from the petitioner's gratuity but before deduction no opportunity of hearing as well as notice was ever given to the petitioner for refund. Only after retirement from the Pension Payment Order it is found that Rs. 30,159/- had been deducted from the petitioner's pensionary benefits.

(3.) Learned Advocate appearing for the petitioner submits that it is a settled law laid down by the Hon'ble Supreme Court in several cases which has been time to time followed by the Hon'ble Division Bench as well as the learned Single Bench of this Hon'ble Court in several decisions.