SHEKHAR B.SARAF
Chanchal Kumar Chatterjee – Appellant
Versus
State of West Bengal – Respondent
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
Ambu Nair v. Kelu Nair (1932-33) 60 IA 266 : AIR 1933 PC 167
City Montessori School v. State of U.P. (2009) 14 SCC 253
State of Punjab and Others vs. Dhanjit Singh Sandhu reported in 2014 (15) SCC 144
Maharashtra SRTC v. Balwant Regular Motor Service
P.R. Deshpande v. Maruti Balaram Haibatti
Shyam Telelink Ltd. vs. Union of India reported in 2010 (10) SCC 165
New Bihar Biri Leaves Co. v. State of Bihar
Indian Council for Enviro-Legal Action Vs. Union of India and Ors. reported in (2011) 8 SCC 161
Indu Bhusan Jana Vs. Union of India and Ors. reported in AIR 2009 Cal 24; (2009) 1 CHN 27
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