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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Mojahar Hossain – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. The petitioner has preferred third round of litigation by way of this writ petition praying, inter alia, as follows: -
“a) A writ of or in the nature of Mandamus do issue directing the respondents, their agents, servants to finalize the pension of the petitioner and to release and disburse the pension, gratuity and all other admissible benefits of the petitioner taking into consideration of 18 years benefit as well as the incremental benefit along with interest forthwith.
b) A writ of or in the nature of mandamus commanding the respondents, particularly the Deputy Director of Accounts, School Education Department, Dakshin Dinajpur, being respondent No. 2 to rescind, cancel and/or withdraw the communication of the Commissioner of School Education dated 05.02.2022 being Annexure “P/12” to this petition.
c) A writ of or in the nature of Certiorari commanding the respondents to produce entire original records before this Hon’ble Court so that conscionable justice may therein be administered by quashing the observation of the Deputy Director/ Joint Director of Accounts, School Education Department, Dakshin Dinajpur being Annexure “P/13” to this petition.
d)
The court ruled against arbitrary recovery of excess salary, emphasizing protections for employees and the necessity for compliance with procedural justice.
The judgment established the principle that recovery of excess payment can be ordered unless extreme hardship is caused to the employee. It also highlighted the importance of public money and the rel....
Failure of the respondents to communicate the objections as regards excess payment within a reasonable time after the grant of benefits would be iniquitous.
The main legal point established is that financial benefits given without misrepresentation or fraud are not liable to be recovered, and any order passed in violation of the principles of natural jus....
The court established that qualifications obtained before a specified date must be recognized for pay scale determination, ensuring fairness in employment practices.
The main legal point established in the judgment is that no recovery can be made from an employee if the excess payment was not due to any fault on the employee's part, as determined by various legal....
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