The High Court held that it cannot adjudicate arithmetical errors in pension calculations in a writ petition and remanded the matter to the Director of Pension for fresh appraisal and a reasoned order.
The grievance to be revisited by the Director of Pension within a month with a reasoned order; liberty given to submit documents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
Present :-
Hon’ble Justice Partha Sarathi Sen
W.P.A No. 17339 (W) of 2021
Nandagopal Chaudhuri
-Versus-
State of West Bengal & Ors.
For the Petitioner : Mr. Lakshmi Kanta Pal, Adv.
For the Respondent : Mr. Moloy Kumar De, Adv.
: Mr. Sajal Kumar Pandit, Adv.
Heard on: : 11.11.2022
Judgment on. : 15.11.2022
PARTHA SARATHI SEN, J. : –
i.his pay scale has been fixed to the tune of Rs.360/- instead of Rs.470/- with initial pay at Rs.1230/- with effect from 01.04.1981;
ii.he has been denied with at least four stagnation increments;
2
iii.though he is entitled to gratuity to the tune of Rs.2,50,000/- but he has been wrongly given gratuity to the tune of Rs. 1,87,292/-.
3
respondent no.3/authority i.e. Director of Pension, Provident Fund & Group Insurance, Government of West Bengal, Purta Bhavan, Salt Lake, Kolkata 700091 to revisit the grievances of the writ petitioner afresh positively within a month from the date of communication of this order and shall pass a reasoned order item wise.
(Partha Sarathi Sen, J.)
1 issue framed by the court
Whether the High Court can adjudicate upon arithmetical calculations regarding pension and pay scales in a writ petition.
1 provisions across 1 enactments
Nandagopal Chaudhuri
State of West Bengal
Partha Sarathi Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
