PABITRA KUMAR JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this writ petition dated December 1, 2008 is aggrieved by the fact that inspite of decision of the District Inspector of Schools (S. E.), Paschim Medinipur, at pp. 73-75, that his pension payment order should be corrected showing his pay at the date of retirement as Rs. 13,225, and that he is entitled to refund of a sum of Rs. 56,796. 25 deducted from his retirement benefits alleging overdrawal and to the sum of Rs. 33,573 being the salary arrears payable under ROPA, 1998, the respondents have not corrected the pension payment order and paid the amounts.

(2.) THE petitioner was an assistant teacher in Jalchak N. N. Vidyayatan in Jalchak of the district paschim Medinipur. On reaching the age of superannuation he retired from service on December 31, 2000. At this date his pay was Rs. 13,225. Although under the ROPA, 1998 he was entitled to rs. 33,573 salary arrears, for non-placement of fund the amount was not paid. In his pension papers by mistake the authorities recorded that his last pay was Rs. 12,675. Based on this the Director of Pension, Provident Fund and Group Insurance, Finance Department, Government of West Bengal issued his pension payment order, at p. 46, on August 20, 2002. In the pension payment order deduction of Rs. 56,796. 25 was shown alleging overdrawal. Feeling aggrieved by all these he moved W. P. No. 22865 (W) of 2007. By an order dated February 13, 2008 the writ petition was disposed of directing the district inspector of schools to consider the representation and give a reasoned decision. This is how the decision at pp. 73-75 came to be given.

(3.) BY an order dated April 6, 2009 the writ petition was admitted in presence of advocates for the state that has filed an opposition dated August 19, 2009. The petitioner has filed a reply dated August 28, 2009. Counsel for the respondents submits that the respondents have been taking steps for making payments and correcting the pension payment order, and that payments will be made as expeditiously as possible.