DHIRENDRA NATH PURKAIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the writ petition the petitioner, a superannuated approved assistant teacher in Taldi Mohan Chand High School (H. S.), has challenged the deduction of Rs. 65,125/- by the State from his gratuity as evident from the Pension Payment Order (for short 'ppo') dated 9th september, 2002.

(2.) THE facts are that the petitioner was appointed on 1st January, 1966. Such appointment was approved by the District Inspector of Schools (SE), south 24-Parganas vide order no. 380/ali/g dated 30th June, 1966. Initially the scale of the petitioner was fixed at Rs. 350/- per month. Subsequently, with effect from 1st April, 1981 the scale of pay was revised as per government Order No. 372-Edn. (B) dated 31st July, 1981 under ROPA 1981 at Rs. 660/- per month. From time to time the scale of the petitioner was revised as per ROPA 1990 and ROPA 1998. On 1st April, 1999 the scale of pay with additional increment was Rs. 9,325/ -. The revision of scale of pay and fixation of pay were recorded by the school authority in the Service book which from time to time was approved by the District Inspector of schools. On the date of retirement, that is 28th February, 2001 the salary of the petitioner was Rs. 10,325/ -. Submission is, though after due sanction the petitioner drew salary from the authorities and though before retirement necessary documents were submitted with the school authorities for the purpose of sanctioning pensionary benefits including gratuity which were forwarded to the District Inspector of Schools, yet a sum of Rs. 65,125/- has been deducted from gratuity on account of overdrawal in pay as evident from the Pension Payment Order dated 9th September, 2002. Being aggrieved by such deduction this writ petition has been filed.

(3.) THE matter came up for hearing on 15th February, 2008 and on 15th april, 2008 when directions were issued for filing affidavits. The matter came up for hearing on 14th May, 2008. As no affidavit-in-opposition could be filed, after hearing the learned advocate for the State, as a last chance, time to file affidavit-in-opposition was extended till 4th June, 2008. Affidavits have since been exchanged and are on record. Reiterating the statements in the writ petition the learned Advocate appearing on behalf of the petitioner submitted that since scales of pay were granted so long with the approval of the District Inspector of Schools, such deduction is uncalled for and illegal. Moreover, the deduction made is against the principles of natural justice as no hearing was granted. Learned Advocate for the petitioner had relied on the judgement of the Division Bench passed on 7th September, 2007 in f. M. A. No. 342 of 2007, Abdul Kalam Md. Abdul Jalil vs. State of West bengal and Ors. , in support of his contentions.