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2018 Supreme(Cal) 953

SHEKHAR B.SARAF
Chanchal Kumar Chatterjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Saktipada Jana Mrs. Ujani Pal (Samanta)
For the Respondent: Mr. Biswabrata Basu Mallick, Mr. Sanjib Das

JUDGMENT :

1. This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated December 27, 2017 passed by the District Inspector of Schools (S.E.), Jalpaiguri, wherein he has held that in the case of the petitioner, pensionary benefits cannot be recalculated on the basis of erroneously mentioned last drawn salary of the petitioner and therefore, revised pension payment order cannot be issued.

2. By an order dated April 8, 2011, a co ordinate bench of this Court had passed an order in favour of the petitioner directing the respondent authorities to refund the amount deducted from the overdrawn amount indicated in the pension payment order. This part of the order has been implemented by the State authorities.

3. The order also contained a direction on the concerned authority to recalculate the retiral dues of the petitioner by taking into consideration the last drawn salary of the petitioner and to issue a revised pension payment order, so that, the arrear dues as per such recalculation together with interest at the rate of 8% per annum could be paid to the petitioner. However, the process of recalculation of the revised p

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