PARTHA PRATIM BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is a person who is to retire at the end of the year 2019.

(2.) The case of the writ petitioner is that on July 23, 2018 he requested the Headmaster and Secretary, Halisahar Mallickbag High School (H.S.), to complete his pension application form. He requested the Headmaster to complete all the formalities so that upon superannuation he would be eligible to obtain his retiral benefits.

(3.) Upon receiving the said letter the Headmaster wrote back to him on the very next day stating that the E-pension process has been hindered due to the excess leave and overdue taken by the petitioner. The Headmaster provided a calculation sheet that shown that due to excess leave, the petitioner had overdrawn Rs. 2,18,600/-. The petitioner once again received a letter from the Headmaster on August 28, 2018 demanding the recovery of Rs. 2,18,600/- stating that unless the refund is made by the petitioner the E-pension form cannot be filled in. The Headmaster pointed out several discrepancies such as non-signing of the Service Book, since 31.12.1998 and the fact that in spite of repeated requests no refund has been made by the petitioner.