Yours f • ithfully

ef11444

/ssociation Room No.16 .igla Court, Calcutta

Date : . J0 Z. J..2016

,Ati WWI

Residence & Chaniber,

61, Carry Road, Howr ah -04 Mobile 9830678793

To The Government Pleader High Court, Calcutta;

Re: W.P. IOC (W) of 2016

Mridula Roychoudhury ...... Petitioner Versus

The State of West Bengal & Ors. ...................

Dear Sir,

Enclosed please find herewith a copy of the above mentioned writ ear in the list of His

application with all annexures will& will app

Lordship the Hon'ble Justice Tapabrata Chakraborty on ..... ............

or any day thereafter as a "Listed Motion' .• You are requested to accept the copy and to be present at the time

of hearing.

Thanking you

Advocate

Enclo : As stated above.

District - Malda

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

(Appellate Side)

W.P. (W) of 2016

Subject matter relating to :

Group : Head : (A)

of the Classification list.

Cause Title

Mridula Roychoudhury

... Petitioner - Versus -

The State of West Bengal and Others ... Respondents

I

Advocate-on-Reccord:

Mujibar Ali Naskar, Advocate Bar Association Room No. 16, High Court, Calcutta.

District - Malda

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

(Appellate Side)

W. P. No. (W) of 2016

Mridula Roychoudhury ... Petitioner

- Versus - The State of West Bengal and Others

... Respondents

INDEX

Si. No. Brief description of the documents relied upon Annexures Pages

1. WRIT APPLICATION

2. A Photostat copy of the letter dated 05.07.2011. P/1

3. A Photostat copy of the order dated 30.11.2011 passed in W.P. No. 15388 (W) of 2011. P/2 /8 , 29

4. The Photostat copies of the letter of D.I. of schools (P.E), Malda dated 28.12.2011 and order dated 15.06.2012 by Her Lordship Hon'ble Justice Patherya. P/3 2 E 3

5. A Photostat internet generated copy of the order dated 21.08.2015. P/4 3

6. A Photostat copy of the P.P.O dated 09.02.2012. P/5

7. A Photostat copy of the order dated 23.11.2015 passed in W.P. No. 23115(w) of 2015. P/6

8. The Photostat copy of the legal notices dated 02.012.2015. P/7 38-- tebs

POINTS OF LAW

I. Whether the petitioner is entitled to get his all retrial benefits?

II. Whether the respondent authority concerned can neglect to pay the retrial

benefits to the petiitoner?

III. Whether the petitioner is entitled to get interest @ 18% per annum on the

retrial dues from the next date of retirement till such payment?

DISTRICT - MALDA

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

(Appellate Side)

W.P. No. (W) of 2016

In the matter of:

An application under Article 226 of the

Constitution of India;

- And -

In the matter of:

A Writ of and/or in the nature of

Mandamus and/or Certiorari and/or any

other appropriate Writ or Writs and/or

Order or Orders and/or direction or

directions;

- And -

In the matter of:

The West Bengal Primary Education Act,

1973 and the Rules framed thereunder

time to time;

- And -

In the matter of:

Inaction on the part of the concerned

respondent for illegally withholding the

interest on gratuity for delayed payment;

- And -

In the matter of:

Non-consideration of the legal notice

dated 02.12.2015 made by the petitioner

demanding payment of interest on

gratuity;

- And -

In the matter of:

Mridula Roychoudhury, wife of Late

Amalendu Roychoudhury, residing at

Village and Post Office- Kaligram, Police

Station- Chanchal, District- Malda, Pin-

732126.

2

... Petitioner

3

- Versus -

1. The State of West Bengal, service

through the Secretary, Department of

Finance, Writers Building, Kolkata-

700001;

2. The Director of Pension, Provident

Fund and Group Insurance, Purta Bhavan,

Salt Lake, Kolkata- 700091;

3. The District Inspector of School

(Primary), Malda, Post Office- Malda,

District- Malda, Pin- 732101;

4. The Treasury Officer, Malda-I, Pension

Section, Post Ofiice- Malda, District-

Malda, Pin- 732101.

... Respondents

4

To,

The Honible Mrs. Manjula Chellur, Chief Justice and Her Companion Justices of

the said Honible Court.

The humble petition of the petitioner

above named

Most respectfully Sheweth:-

1. The petitioner states that she is a citizen of India, residing at the address

furnished in the cause title above.

2. That the petitioner states that the petitioner retired from her service as a

Primary Head Teacher of Kaligram Junior Basic School, Post Office- Kaligram,

Police Station- Chanchal, District- Malda on 30.09.2010 and she submitted all

the pension papers before the concerned authority prior to her retirement for

getting pensionary benefit.

3. That the petitioner states that the petitioner came to learn that the

Assistant Director of Pension, Provident Fund and Group Insurance by his

letter dated 05.07.2011 informed D.I. of Schools (P.E), Malda regarding audit

observations as to whether overdrawal amount of Rs.48,688/- would be

5

recovered from the pensionary benefits of the petitioner due to wrong fixation

of pay and if it is recovered that would be recorded in the Service Book and in

the light of Chief Secretary Circular No. 171-JL dated 08.03.2010 a certificate

regarding overdrawn should be furnished.

A Photostat copy of the letter dated 05.07.2011 is annexed herewith and

marked with the letter as "Annexure-P/1".

4. That the petitioner states that the petitioner had drawn Rs.17,520/- as

her last pay, but after retirement she came to know that pay fixation was

wrongly made by the concerned authority and this pay should be Rs.17,200/-

instead of Rs.17,520/- as a result Rs.48,688 would be deducted from the

pensionary benefit of the petitioner and for this the petitioner moved a Writ

Application before the Hon'ble High Court, Calcutta for releasing her pension

according to her last pay certificate, which was registered as W.P. No. 15388

(W) of 2011 and the said Writ application was disposed of by an order dated

30.11.2011 by Her Lordship Hon'ble Justice Patherya directing the Director of

Pension to take decision in respect of pension of the petitioner within a period

of three weeks from the date of receipt of the order after giving opportunity of

hearing to the parties and the said order was duly communicated to the

concerned respondents.

6

A Photostat copy of the order dated 30.11.2011 passed in W.P. No.

15388 (W) of 2011 is annexed herewith and marked with the letter as

"Annexure-P/2".

5. That the petitioner states that the petitioner received a letter of D.T. of

schools (P.E), Malda dated 28.12.2011, where he informed that the petitioner's

Pension case has already been submitted before DPPG under Memo No. 2533-

Pry-Pen. Dated 04.11.2010 (1st time) and DPPG issued notice dated 05.07.2011

for overdrawal amount of Rs. 48,688/- on the ground of wrong pay fixation and

as per direction of DPPG, D.I. of School (P.E), Malda sent all papers under

Memo No. 92 Pry-Pen/RM dated 30.08.2011 for issuance of pensionary benefits

and concerned respondent issued Pension Payment Order (P.P.0) being P.P.O

No. PRI/S/MLD/ 00017/ 2012 under Memo No. P/00447/2012 and the same

was released on 09.02.2012, but no opportunity of hearing was given to the

petitioner by the concerned respondent before issuance of P.P.O as per order

dated 30.11.2011 passed by Her Lordship Hon'ble Justice Patherya in W.P. No.

15388 (W) of 2011, finding no other alternative the petitioner again filed a Writ

Application before the Hon'ble High Court, Calcutta which was registered as

W.P. No. 9795 (W) of 2012 and the said Writ application was disposed of by an

order dated 15.06.2012 by Her Lordship Hon'ble Justice Patherya, thereby

7

setting aside the deduction mentioned in the P.P.O dated 09.02.2012 and

directed the concerned authority to make payment of the sum deducted within

three weeks from the date of receipt of the order and the said order dated

15.06.2012 was duly communicated to the concerned respondent.

The Photostat copies of the letter of D.I. of schools (P.E), Malda dated

28.12.2011 and order dated 15.06.2012 by Her Lordship Hon'ble Justice

Patherya are annexed herewith and collectively marked with the letter as

"Annexure- P/3".

6. That the petitioner states that despite service of the order dated

15.06.2012 passed by Her Lordship Hon'ble Justice Patherya, the concerned

respondent did not comply with the said order and finding no other alternative

the petitioner filed a Contempt Application before the Hon'ble High Court,

calcutta which was registered as CPAN No. 1698 of 2013 and thereafter the said

Contempt application was disposed of by an order dated 21.08.2015 by Her

Lordship Hon'ble Justice Patherya.

A Photostat internet generated copy of the order dated 21.08.2015 is

annexed herewith and marked with the letter as "Annexure- P/4".

9

A Photostat copy of the order dated 23.11.2015 passed in W.P. No.

23115(w) of 2015 is annexed herewith and marked with the letter as "Annexure-

P/ 6".

9. That the petitioner states that the petitioner made a legal notice

through her Learned Advocate to the respondent no. 2 on 02.12.2015 detailing

the pension case of the petitioner and demanded to pay the interest on the

gratuity amount of Rs.3,60,641 for the delayed period of payment from

30.09.2010 to 09.02.2012.

The Photostat copy of the legal notices dated 02.012.2015 is annexed

herewith and marked with the letter as "Armexure-P/ 7".

10. That the petitioner states that the petitioner could not claim the interest

on the gratuity for the delayed payment within the statutory time limit because

of the pending of the petitions above mentioned and as soon as the aforesaid

petitions were adjudicated the petitioner without wasting any further time

approached this Hon'ble High Court.

11. That the petitioner submits that after getting the said P.P.O, the

petitioner has complied with all formalities for getting her all retrial benefit in

10

time. It is most unfortunate on the part of the concerned respondent, the

concerned respondent released the gratuity in favour of the petitioner at the

belated stage without any interest on the gratuity payment for the delayed

payment of the said retrial benefit.

12. That the petitioner submits that it is settled law that the right to receive

pension and gratuity is not bounty but a statutory right of the petitioner and as

such the concerned authority cannot deprive the petitioner such legal right any

culpable delay in settlement and disbursement thereof must be visited with the

penalty of payment of interest in view of the present position of law.

13. That the petitioner submits that the concerned respondent illegally

withheld the said retrial benefits and as such the petitioner is entitled to get

interest on the total retrial benefits @ 18% per annum from the date of

retirement till such payment, that is, for the period from 30.09.2010 to 09.02.2012

and also entitled to get the litigation cost.

14. Thus being aggrieved by and dissatisfied with the action on the part of

the concerned respondent authorities for non-releasing the interest on gratuity

for the delayed payment, the petitioner craves leave to prefer this instant

11

application under Article 226 of the Constitution of India, on the following,

amongst other:-

GROUNDS

I. For that the acts and deeds of the respondent authorities concerned

are in gross disregard to the principles of Natural Justice, Equity and

Fair Play;

II. For that the total Inaction on the part of the concerned respondent for

illegally withholding the interest on gratuity for delayed payment of

the retrial benefits of the petitioner without having any reason;

III. For that after getting the said P.P.O, the petitioner has complied with

all formalities for getting her all retrial benefit in time. It is most

unfortunate on the part of the concerned respondent, the concerned

respondent released the gratuity in favour of the petitioner at the

belated stage without any interest on the gratuity payment for the

delayed payment of the said retrial benefit;

IV. For that it is settled law that the right to receive pension and gratuity

is not bounty but a statutory right of the petitioner and as such the

concerned authority cannot deprive the petitioner such legal right any

12

culpable delay in settlement and disbursement thereof must be visited

with the penalty of payment of interest in view of the present position

of law;

V. For that the concerned respondent illegally withheld the said retrial

benefits and as such the petitioner is entitled to get interest on the total

retrial benefits @ 18% per annum from the date of retirement till such

payment, that is, for the period from 30.09.2010 to 09.02.2012 and also

entitled to get the litigation cost;

VI. For that the acts of the respondent authorities concerned clearly

demonstrates their partisan attitude in dealing with the case of the

petitioners;

15. That the petitioner humbly submits that, by describing the aforesaid

acts of the respondent authorities concerned, the petitioners have prima-facie

established a case warranting judicial review.

16. That the petitioner has no other alternate and/or efficacious remedy

and the reliefs as prayed for herein, if granted, will afford complete remedy to

the petitioner.

13

17. That the petitioner has repeatedly demanded justice from the

respondents and the same has been denied to the petitioner. As such, any

further demand for justice is likely to result in an empty formality.

18. That the petitioner states that the records of the case are lying in the

office of the respondent nos. 2 to 4, within the Appellate Side Jurisdiction of this

Hon'ble Court.

19. That the petitioner states that the petitioner has not moved any other

or similar application in respect of the self same facts or cause of action earlier

before any Court.

20. That this application is made bonafide and for the interests of justice.

In the premises aforesaid, it is most

humbly and respectfully prayed that Your

Lordship would be graciously pleased to

pass the following order and/or orders:-

(a) A Writ of and/ or in the nature of

Mandamus by directing and/or

commanding the respondents, their men,

agents, assigns, successors-in-office,

14

representatives and each of them to

release the interest on gratuity amount of

Rs.3,60,641 @ 18% per annum from the

date of retirement till such payment, that

is, for the period from 30.09.2010 to

09.02.2012, forthwith for illegally withheld

the said gratuity ;

(b) A writ of and/ or in the nature of

Certiorari do issue directing the

respondent authorities concerned, each

one of them, their men, agents servants

sub ordinates and/or assigns to forthwith

produce and transmit entire records of the

cased before this Honible Court so that

conscionable justice may herein be

administered.

(c) Rule NISI in terms of prayers (a) & (b)

as above.

15

(d) An Interim order in terms of prayer (a)

as above.

(e) Pass such other or further order or

orders and/or direction or directions as to

Your Lordship may seem fit and proper.

And for this act of kindness the petitioner, as in duty bound, shall ever pray.

Deponent is known to me

cater Clerk to:-

Advocate

16

AFFIDAVIT

I, Mridula Roychoudhury, wife of Amalendu Roychoudhury, aged about 65

years, by faith- Hindu, by occupation- Retired Teacher, residing at Village and

Post Office- Kaligram, Police Station- Chanchal, District- Malda, Pin- 732126, do

hereby solemnly affirm and say as follows: -

1. I am the petitioner in the foregoing application and I am fully conversant

with the facts and circumstances of the case, as such I am competent to affirm

this affidavit.

2. The statements made in Paragraph Nos. 1, 2, 3 and 10 of the foregoing

application are all true to my knowledge, those made in Paragraph No. 4, 5, 6

and 8 is the matter of record, which I verily believe to be true and the rests are

my humble and respectful submissions before this Ho '

Prepared in my of

Solemnly affirmed before me on this the Leday of February, 2016.

Commissioner

I certify that all the annexures ar legible

Advoca e

(9.21/4:S.

I

s? • Government of of West Bengal

Directorate of Pension, Provident Fund & Group Insurance, Finance Department

Purta Bhavan, 2nd Floor, Salt Lake, Kolkata - 700 091

Return Memo No. Date

To The Dist.inspect. or of Schools(P.E. )14alda

Ref :Your Memo No. 2538 Date 4.11.10

The Pension case in respect of herewith along with connected papers for the reasons stated below with the request that you will kindly rectify the

defects pointed out before re-submission of the same.

FILE NO. PR1114144.354/ 2010

AUDIT OBSERVATIONS:

Please state whether overdrawal amount of pay ie.48,688/. as wrong fixation of pay is to be recovered from pensionary bene±its. If to be recovered that should be recorded in the service book, i/s, Part D. li•P•c• eta. In the light of chief secretary circular no. 171-JL dated 8.3.10 a certificate regarding overdrawal should be furnished.

II

iRtm il VI 01 V-1-4 pertsion.PrcAricient Fund InbuicarteesiW

0 11

Asott *Director

No. 13PPG Dated

Cop forwarded for information tote

}tridula Roy Chowdhury Viii 4, P.O. Kaligram Dist. Malda Pin: 732123. -,_914)))

Asstt.Director Pensionaravident Fund & Gt. Insurance.W.D.

Please Turn over

Mridula Roy Chowdhury Is returned

' tit -H3 '

k

- 1g-

Et Li

• I

• z / •

,txiatrict:Malda.

Itt th

Consti

4'1 it

„\

k .451.?... ...,::,,r;)i , ., , ,,,,Tivp_mit ptEs1

II

!,141-1 Court at Calcutta

tuttijonal Writ Jurisdiction f

(iAppellate Side)

W.P. N. C3g8 (W) 2011.

In the matter of :

An application under Article 226

ana Rules framed thereunder.

And

In the matter of :

The petitioner was appointed as

4UiII L •

eb! ! u

p. ,a..!! 1-;t!irr

!!!! R

•4 of the Constitution of India.

A n d

In the matter of ;

A writ in -t- he nature et !!;!alua2.!!!,

and/or a writ in the nature of

Certiorari and/or a writ in the

nature of Prohibition and/or any

other writ or writs order or dra ef

direction or directions.

A n d

In the matter of :

West Bengal Primary Education Acts

con tci . ..-

Ey-10i

cCirt',:•)Clfcr.it: gird: 4:1

primary school teacher at Ramdevpur

Primary School on 22.03.1971 and

thereafter transferred at Kaligram

Jr. Basic School.

A n d

In the matter of :

The petitioner attained the age of

superannuation on 30.9.2010 and,

submitted her pension papers before

Sub-Inspector of Schools on 25.08.09.

A n d

In the matter of :

he District Inspector of Schools

y!(Primary Education), Malda submitted

the pension paper of the petitione-r

. before the Director of Pension,

„provident Fund and GroUp Insurance

on 04.11.2010.

A n d

contd....3

\-\./

@r- - 19

20

In the matter of

The Asstt. Director of Pension,

provident Fund qnd Group Insurance

issued a notice dated 5.7.2011 for

overdrawal amount of R8.48 682/-

on the ground of wrong pay fixation.

A n d

In the matter of

Violation of the principles of

natural justice.

An d

In the matter of

Mridula Roy Choudhury,

Wife of Xamalendu Roy Choudhury,

residing at Village 6: P.O. Kaligrau,

District; Malda.

.... Petitioner.

-Versus-

1. state of West Bengal - service

through the secretary Education

contd....4.

n

Department, Bikash Bhawan, Salt Lake

City, Kolkata-790 091.

2. The Director of Primary Education,

West Bengal, Bikash. Bhawan, Salt Lake

City, Kolkat-700 091.

3. The District Inspector of Schools

(Primary), Malda, P.O. Malda,

District: Malda.

4. The Sub-Inspector of Schoo34 (P.E.)

Kharba Circle No.1, Pakurtala

P.O. Mulai Bury, District: Malda.

5, The Director of Pension,

Provident Fund and Group Insurance,

Purta Bhavan Salt Lake City,

Kolkatct-700 091.

'r 6. Asst. Director,

Pension, Provident Fund and Group

Insurance, West Bengal, PurtarBhawan,

2nd Floor, Salt Lake City, \ \

(—N.4 Kolkata-700 091.

V .1

-22-

115 _

I

7. The ChairMan,

: ,..

Malda District Primary School Council,

Atul Chandra Market, P.O. Malda,

District: Malda.

3. The Secretary,

Malda District Primary School Council,

Atul Chandra Market, P.O. Malda,

District: Malda.

1 a i 1

9. The Head Teacher,

Ramdebpur primary School,

Hharba No. I Circle, P.O. Bhaba,

P.S. Chanchal, District- Malda.

.... Respondents.

'

-23

„Nriotin.•byOriOe Serial 'Datc iittor No.

30- 1,7201 111 3.1). Ie. IS.

S 3,

OfficeroiteS„ireports, Orders or proceedings with signature pit

WP 15382 (WI of 2011

Mriclula RoychoWthury Vs.

'ills State of West Bengal & Ors.

Mr. {54hkrigir Alam ..For the Petitioner.

esh Bhattacharya Mrs!! Brahati Roychowdhury For the Council.

As y, iIIVIemo dated 4til November, 1?.() 10. thy.

1 li 7 responderi nth ;! 5 has sought certain clarifications From

de i 4,no. 3, let such clarifications be given by

the reap°, deitt no. 3 to the respondent no. 5 within 111111

three weel:s Ari the date of receipt of this order and on

iy receipt ofucht clarifications, the respondent no. 5 will I • I! I

take a ciedi onthnd pass a reasoned order. In the event,

the respohdent no. 5 considers it necessary, an

opportunity of hearing may be given to the parties, but a

reasoned order will have to be passed which will be

communicated to the parties within a week of such :(

d cc is

With the aforesaid direction, this writ petition is

disposed of.

As oIigidavit in-opposition has been filed, the 41114

allegatidq'cth4thined in the petition are not admitted.

the tespo

`11 1

ice note, report4, Ordel c4,1161-91'. ceedings with signature ,F •

a 1,,lrgetit ,:;,erox ecrtifiV '41)3, of this order, if.4pplied

for be given to the parties, sulk pct to compliance with all j

requisite': forthalities.,

(Patherya, tr.)

Km )`17

(17

- 2057- Government of West Bengal

Office of the District Ims040tor of Schools, (Primary Education),Malda.

mate __/11.

/ From ; The District Inspector of Sch00144 (Primary Education)4Malda.

To : Mx. J ahangir Alam, Advocate, high COurt, Calcutta, Wiz' Association, Room No. 05, Kolkats. 01.

uv.P.No..153880) of 2011 Mridula Row Ghoudhury

.Vs. The State of West Bengal 4.Ors.

With due respect, I bog to inform you that Smt. Mridula

Roy Cnowdhury, Ex-Pry.Teacher of Kaligrak4r4L$0001. under

Kharbas 1 Circle tilkaldai who retired 0011Ya4.The pension case already been submitted td,the-DPP;yW/I4HPurta Bhawan, vide this office memo.no.253a.Pry.Pen, dt.0441.10(Ist time). Uut 1.WCA iss'Jed a notice dat.ed 05.7.2011 for overdrawal amount

of 7:1.48 •680.00 (o. forty eight thousand six hundred eighty eight)

only on the ground of wrong aixation. after compliance 2nd time

nerd to UP ,G, )vAaThhaiNam? vide this Office Mero.No.92-

PiYPen/R.M., dated 30th Ao0,2011„ for Issuance of pensionery

benefits.

Yours

Memo.No. Jo2c iliC3)_ ,

v\ki; District Inspector of Schools,

(Primary Education),Malda.

Date S8:1 11.

Copy forwarded for information, to

1) The Director of Pension. PiSeand group,Instlrence. 6/13 . Purta Bhawan, 2nd Floor- Salt Lake City, Kol. 91,

Mxidula Roy Chowdhury, )(..Pry. Teacher s Viii. & RO. Kaligram,Malda,

S i r,

3) Office Copy.

ii,N.Ghosh/ 27-12.11

(1),

District InspeCtor of Schoo14.4 (Primary education) Malda .

ry

n d cz..N\

=-(-'4 contd....2.

Districts Malda.

In the High court at Calcutta •

Constitutionals Writ Jurisdiction

(Apipe e side)

Mi,p, No. cyffris-- (W) of 2012.

'414in the matter of s

An application under Article 226

of the constitution of India.

A n d

In the matter of s

14 writ in the nature of Mandamus

and/or a writ in the nature of

Certiorari and/or a writ in the

nature of Prohibition and/or any

other writ or writs, order or orders,

directiOn or directions.

A n d

In the mar of s

West Bengal Primary Education Acts

and Rules framed thereunder.

ri27

lit

a matter of :

petitioner was appointed as Primary

4:7 Col Teacher a at Ramdevpur Primary

liool on 22.03.1971 and thereafter

47'P. Wiartsferred at Kaligram Jr. Basic School.

n d

In the matter of

The petitioner attained the age of

superannuation on 30.9.2010 and

submitted her pension papers before

Sub-Inspector of Schools on 25.08.2009.

And

In the matter of

The District Inspector of Schools

(Primary Education), M41da submitted

the Pension Paper of the petitioner

before the Director of Pension,

ray ident Fund and Group Insurance

< on 04.11. 2010.

And

cM © o 112-

contd....3.

contd....4.

he matter of :

sstt. Director of Pension,

ident Fund and Group Insurance

,'hued a notice dated 5.7.2011 for

prdrawal amount of Ps . 48 ,688/- on

e ground of wrong pay fixation.

n d

-Jig.= the matter of s

The Hon'ble Justice Patherya by an

order dated 30.11.2011 directed the

Director of Pension, Provident Fund and

Group Insurance to take a decision

regarding clarification of pay fixation

as submitted by the D.I. of Schools

(P.E.), Malda.

A n d

In the matter of ;

The District Inspector of Schools

(P.E.), Malda by an order dAed

6 28.12.2011 informed the petitioner

- 29

contd....5.

t Rs.48,688.90 would be deducted

r wrong pay fixation as per order

DPPO dated 30.8.2011.

A n d

the matter of :

the Director of Pension, Provident

Fund and Group Insurance passed the

impugned order dated 30.8.2011 without

giving opportunity of. hearing to the

petitioner as directed by the Hon'ble

High Court.

A n d

In thebmatter of :

The Office of the Director of Pension,

Provident Fund & Group Insurance issued

P.P.O. to the petitioner on 9.2.2012

with deduction of Rs.48,688/- as

over drawn.

to

n d

- 30

the matter of :

petitioner made a representation

12.03.2012 for .correcting the P.P.O.

cans;.,41-e-ro-i4 -Fice-

gk ing intoklast pay of Rs.r,520.00

400tead of Ro.17,210.00.

A n d

In the matter of :

Violation of the principles of

natural justice.

n d

In the matter of :

Mridula Roy Choudhury,

Wife of Kamalendu Roy Choudhury,

residing at Village & P.O. Kaligram,

District: Malda. Petitioner.

-Versus-

1. State of West Bengal - service

through the Secretary, Education

Department, Bikash Bhawan, Salt Lake

City, Kolkata-700 091.

,1';)

-31-

The Director of Primary Education,

:46rest Bengal, Bikash Bhawan,

1Tht alt Lake City, Kolkata-700 091. $.1K.

3. The District Inspector of Schools

(Primary Education), Malda,

P.O.• Malda, District- Malda.

4. The Su.b-Inspector of Schools (P.E.),

Kharba Circle No.I, Pakurtala,

P.O. Mulai Bary, District: Malda.

- 5. The Director of Pension,

Provident Fund and Group Insurance,

Purta Bhavan, Salt Lake City,

Kolkata-700 091.

6. Asstt. Director,

Pension, Provident Fund and Group

Insurance, West Bengal, Purta Bhawan,

2n4 Floor, salt Lake City,

Kolkata-700 091.

contd....7.

mOINININNISECIal"^--

- 32 -

7/, The Chairman,

ftlialda District Primary School council,

PIM

Atul Chandra Market, P.O. Malda,

401-11' 441,41DIstrict- malda. *ant

8. The Secretary,

!Map

Meade District Primary School council,

-Atul Chandra Market, P.O. Malda,

District: Malda,

9. The Head Teacher,

Ramdebpur Primary School,

Kharba No.1 Circle, P.O. shaba,

P.S. Chanchal, District- Malda.

cospondentS.

cJ o • 0 ? •

ot47 -Yea.

tky.'

_ 33, Office note,' Opens. Orders or proceedings with signature

W.P. No.9795(W) of 2012

( Mridula Bkny Choudhury -Vs- State of West Bengal & Ors.)

Mr. Hi Barua, Mr. Ma.., Sudan Sur, Mr. Jab it Alam, Mr. Bis7i4it Sarkar ... For the petitioner.

Mr. Swpon Kr. Chatterjee ... For the State.

The tpnly reason for deducting a sum of

Rs.48,688/- from the pensionary benefits of the petitioner

is on account of pay fixation. The said cannot be

attributed to the petitioner, as the respondent authorities

independently chose to fix his pay and on such fixation,

made payment of such sum to the petitioner. It has also

not been stated by the respondent authorities that the

petitioner to make such payment practised any fraud.

Therefore, the fixation of pay was made voluntary by the

respondent authorities and it may be that the same was

under a mistake for whiCh the petitioner cannot be

$ (--titat-ve-61 , alytatimik The deduction mentioned in the Pension

Payment Order dated 9th February, 2012 is unjustified ai

and the ss is set aside.

In.:view of the aforesaid, the respondent No.2 is

cfil f o •

Serial No.

3tirgent certified Photostat copy of this order, if

applied for, be given to the parties subject to compliance

with all rept, formalities.

CO I - t\t , _eft •

( Patherya, J. )

4

k

.#

2

Office notes. reports. Orders or proceedings with signature

directed totbate payment of the said sum deducted to the

petitioner Within three weeks from the date of receipt of

this order. •

With -the aforesaid direction, this writ petition is

disposed ofir,

* 431

As affidavit--in-oppositionhas been filed, the t-

allegation contained in the petition is not admitted.

("kw Ati,Kenty-dx

A--

21.08.2015 Ct. No.08

(05) m.d.

C.P.A.N. 1698 of 2013 In

W.P. 9795 (W) of 2012

Mridula Roy Choudhury Vs.

Parwez Ahmed Siddique

Mr. Mujibar Ali Naskar, ...for the applicant

As there has been compliance of the

order of which violation has been alleged after

the filing of this contempt application, the

said contempt application is accordingly

disposed of.

Certified copy of this order, if

applied for, be given to the parties on priority

basis upon compliance of all formalities.

(Patherya, J.)

i4iivtort---

1

SI. November 52. 23, 2015 High Court at Calcutta

Constitutional Writ Jurisdiction Appellate Side

W.P. 23115 (W) of 2015

Mridula Roychoudhury

Versus

State of West Bengal & ors.

Mr. Mujibar Ali Naskar, ...for the petitioner.

The learned advocate for the writ petitioner seeks leave to withdraw the

writ petition and to file afresh on the selfsame cause of action..

As prayed for, the writ petition is dismissed as "withdrawn". The writ

petitioner is, however, at liberty to file a fresh writ petition on the selfsame cause

of action.

There will be no order as to costs.

( Debangsu Basak, J. )

dna

AvNtA4-71tvzi

efujibarAC Xaskar Advocate Wesnfence u! Chamber

lfigli Court, Calcutta 61, Carry Wpai,

(Bar Association, Room No. 16 ilowrah-711104 4 (0)9830678793

Date : 02.12.2015

To The Director Pension, Provident Fund and Group Insurance,

Purta Bhavan, 2nd Floor, Salt Lake,

Kolkata- 700091.

My Client: Mridula Roychoudhury, wife of Late Kamalendu

Roychoudhury, residing at Village and Post Office- Kaligram, Police

Station- Chanchal, District- Malda, Pin- 732126.

Re: Payment of Interest on Gratuity.

Under instruction on and from my aforesaid client I do hereby state you as follows:-

1. That my client retired from her service as a Primary Head Teacher of Kaligram

Junior Basic School, Post Office- Kaligram, Police Station- Chanchal, District-

Malda on 30.09.2010 and she submitted all the pension papers before the

concerned authority prior to her retirement for getting pensionary benefit.

2. That the Assistant Director of Pension, Provident Fund and Group Insurance

by his letter dated 05.07.2011 informed D.1. of Schools (P.E), Malda regarding audit

observations as to whether overdrawal amount of Rs.48,688/- would be recovered

from the pensionary benefits of my client due to wrong fixation of pay and if it is

recovered that would be recorded in the Service Book and in the light of Chief

Secretary Circular No. 171-JL dated 08.03.2010 a certificate regarding overdrawn

should be furnished.

3. That my client had drawn Rs.17,520/- as her last pay, but after retirement

she came to know that pay fixation was wrongly made by the authority and this pay

should be Rs.17,200/- instead of Rs.17,520/- as a result Rs.48,688 would be

-39 llultbar f ll Waskar

Advocate Wesidente d Chamber Nigh Court, Calcutta 61, Carty Woad,

(Bar Association, Room Wo.16 7 9 83-7111 )11 (0)9830678793

2

deducted from the pensionary benefit of my client and for this my client moved a

Writ Application before the Hon'ble High Court, Calcutta for releasing her pension

according to her last pay certificate, which was registered as W.P. No. 15388 (W) of

2011 and the said Writ application was disposed of by an order dated 30.11.2011

by Her Lordship Hon'ble Justice Patherya directing the Director of Pension to take

decision in respect of pension of the petitioner within a period of three weeks from

the date of receipt of the order after giving opportunity of hearing to the parties, a

copy of the order dated 30.11.2011 is enclosed with this notice for your reference.

4. That my client received a letter of D.I. of schools (P.E), Malda dated

28.12.2011 where he informed that my client's Pension case had already been

submitted before DPPG under Memo No. 2533-Pry-Pen. Dated 04.11.2010 (1st time)

and DPPG issued notice dated 05.07.2011 for overdrawal amount of Rs. 48,688/-

on the ground of wrong pay fixation and as per direction of DPPG, D.I. of School

(P.E), Malda sent all papers under Memo No. 92 Pry-Pen/RM dated 30.08.2011 for

issuance of pensionary benefits and your good office issued Pension Payment Order

(P.P.0) being P.P.O No. PRI/S/MLD/00017/2012 under Memo No. P/00447/2012

and. the same was released on 09.02.2012, but no opportunity of hearing was given

to my client by your good office before issuance of P.P.O as per order dated

30.11.2011 passed by Her Lordship Hon'ble Justice Patherya in W.P. No. 15388 (W)

of 2011, finding no other alternative my client had again filed a Writ Application

before the Hon'ble High Court, Calcutta which was registered as W.P. No. 9795 (W)

of 2012 and the said Writ application was disposed of by an order dated 15.06.2012

by Her Lordship Hon'ble Justice Patherya, thereby setting aside the deduction

mentioned in the P.P.O dated 09.02.2012 and directed the concerned authority to

make payment of the sum deducted within three weeks from the date of receipt of

the order, a copy of the P.P.O and order dated 15.06.2012 is enclosed with this

notice for your reference.

Cnonier FVF.

W.L.M43, ,i•Sichilit:

#P

912 uji6ar Ali [Kaskar Advocate residence eZ Cham6er

gligh Court, Cafrutta 61, Carry c)(111;

(Bar Association, Room Wo.16 7fowrali-711104 (0)9830678793

3

5. That despite service of the order dated 15.06.2012 passed by Her Lordship

Hon'ble Justice Patherya, your good office did not comply with the said order and

finding no other alternative my client filed a Contempt Application before the

Hon'ble High Court, calcutta which was registered as CPAN No. 1698 of 2013 and

thereafter the said Contempt application was disposed of by an order dated

21.08.2015 by Her Lordship Hon'ble Justice Patherya, a copy of the order dated

21.08.2015 is enclosed for your reference.

6. That my client retired from her service 30.09.2010 but her Pensionary benefit

was released on 09.02.2012 and she did not received any interest on gratuity for

the delayed period of releasing the P.P.O and my client is entitled to receive interest

on the gratuity amount of Rs. 3,60,641 for the period from 30.09.2010 to

09.02.2012.

Under the facts and circumstances stated hereinabove, I do hereby call upon you to

make payment of interest on the gratuity amount of Rs. 3,60,641 for the period

from 30.09.2010 to 09.02.2012, within 15 days from the date of receipt of this

notice, felling which I have instruction from my client to take necessary legal steps

before the Hon'ble High Court, Calcutta and your good office will be liable for all

legal consequences and litigation cost.

Yours faithfully,

gANAlcuift Advocate.

Enclo: As above.

DISTRICT - MALDA

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

(Appellate Side)

W.P. No. 16776 (W) of 2016

In the matter of: An application under Article 226 of the Constitution of India;

- And -

In the matter of:

Mridula Roychoudhury ... Petitioner

- Versus -

The State of West Bengal and Others ... Respondents

WRIT PETITION

Mujibar Ali Naskar, Advocate Bar Association Room No. 16,

High Court, Calcutta.