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2023 Supreme(Cal) 1127

SUBRATA TALUKDAR, KRISHNA RAO, SUPRATIM BHATTACHARYA
Renuka Sarkar – Appellant
Versus
State of West Bengal` – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Indrajit Dasgupta, Shamik Chatterjee, Aditya Bikram Mahata, Sahil Kabir.
For the Respondents: Arabindo Chatterjee, Surajit Auddy, Swapnalekha Auddy, Reshma Sharma, Sandip Kumar Bhattacharyya, Debashish Ghosh, Prantik Garai.

JUDGMENT :

SUPRATIM BHATTACHARYA, J.

1. The instant lis has arisen because of reference being made in WPA 10545 of 2020 and WPA 18830 of 2022 and an appeal being preferred against the Judgment and order passed by an Hon’ble Single Bench in writ petition No. 22759 (W) of 2019 dated 19.02.2020.

2. In the WPA 10545 of 2020 excess amount has been paid to the petitioner namely Renuka Sarkar who was posted as Assistant Commercial Tax Officer under Bengal circle being an employee of the Government of West Bengal. She has retired from service on 30.06.2012. Her pension was being credited in her account maintained with the respondent State Bank of India, Sarsuna Branch. It is the contention of the respondent bank that since July 2012 to December 2015 excess amount has been calculated and paid due to mistake in assessing the dearness allowance while from January 2016 to January 2019 excess amount has been paid because of mistake in calculation in the basic amount. The total excess amount paid to her as pension amounts to Rs. 5,22,830/-. By a letter dated 30.8.2019 the respondent bank informed the pension holder as regards to the fact of excess payment made. She was also informed that in terms o

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