Allowed a writ petition seeking refund of overdrawn gratuity amount. Held that petitioner is entitled to refund based on the Supreme Court decision in State of Punjab vs. Rafiq Masih.
Directed the Director of Pension to refund Rs. 26,519 to the petitioner within four weeks.
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Ct. 05 Item No.16 04.05.2022 (suvendu)
WPA 6367 of 2022
Reba Banerjee Vs. The State of West Bengal & Ors.
Mr. Sabyasachi Chatterjee Mr. Sayan Banerjee ………for the petitioner
Ms. Tapati Samanta ……..for the DLO
The affidavit of service is taken on record.
The petitioner prays for refund of money deducted as overdrawn amount from the gratuity by the Director of Pension, Provident Fund and Group Insurance.
Learned counsel appearing for the concerned District Library Officer places the revised Pension Payment Order which indicates the sum deducted as overdrawn amount.
After hearing learned counsel and since the petitioner is covered by the decision of the Supreme Court reported in (2015) 4 SCC 334 (State of Punjab & Ors. vs. Rafiq Masih (White Washer) & Ors. ], this Court is of the view that the petitioner is entitled to
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refund of the overdrawn amount as indicated in the revised Pension Payment Order.
WPA 6367 of 2022 is disposed of with a direction on the respondent no. 4, being the Director of Pension, Provident Fund and Group Insurance to refund the overdrawn amount as indicated in the revised Pension Payment Order being Rs. 26,519/- to the petitioner within a period of four weeks from date.
The other prayers in the writ petition lack particulars and hence the petitioner is given liberty of making suitable representation to the concerned authorities for considering the same.
The concerned respondent shall make an effort to dispose of the representation within six weeks from the date on which such representation is received by the said authority.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.
( Moushumi Bhattacharya, J. )
2 issues framed by the court
Whether the petitioner is entitled to refund of money deducted as overdrawn amount from gratuity.
Whether the petitioner's prayer is tenable in light of the Supreme Court decision in State of Punjab vs. Rafiq Masih.
Colour shows how this judgement treated each authority
Reba Banerjee
The State of West Bengal
Director of Pension, Provident Fund and Group Insurance
Moushumi Bhattacharya
As recorded by the court registry
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