HARE KRISHNA SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the writ petition the petitioner, a superannuated approved assistant teacher in kamrabad Uchcha Vidyalaya, has challenged the deduction of Rs. 94,342/- by the State from his gratuity as evident from the Pension payment Order (for short 'the PPO') dated february 2, 2006.

(2.) THE facts are that the petitioner was appointed on January 1, 1967. Such appointment was approved by the District inspector of Schools (SE) South 24 Parganas vide order No. 1083 dated July 29, 1974. Initially the scale of the petitioner was fixed at rs. 300/- per month. Subsequently, with effect from April 3, 1981 the scale of pay was revised as per Government Order No. 372-Edn. (B)dated July 31, 1981 under ROPA 1981 at Rs. 520/- per month. From time to time the scale of the petitioner was revised as per ROPA 1990 and ROPA 1998. On April 1, 1999 the scale of pay with additional increment was Rs. 9175/ -. 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 August 31, 2005, the salary of the petitioner was Rs. 10,675/ -. Submission is, though the petitioner drew salary upon due sanction 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. 94,342/-has been deducted from gratuity on account of overdrawal in pay as evident from the Pension Payment Order dated June 2, 2006. Being aggrieved by such deduction this writ petition has been filed.

(3.) THE matter came up for hearing on february 15, 2008 and on April 15, 2008 when directions were issued for filing of affidavits. The matter came up for hearing on May 14, 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 June 4, 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 judgment of the Division bench passed on September 7, 2007 in F. M. A. No. 342/2007, Abdul Kalam Md. Abdul Jalil v. State of West Bengal and Others in support of his contentions.