WRIT PETITION 23395 on 1 July 2005

S/L 917.5.2022Court No.24SD

WPA 14433 of 2017

Abul BarkatVs.State of West Bengal & Ors.

Mr. Subhendu Roychoudhury

… for the Petitioner.

Mr. Pinaki DholeMr. Rajat Dutta

… for the State.

Md. Sarwar JahanSk. Nayeemul Haque

… for the Respondent No.3.

The petitioner is a retired primary school teacher. Heretired from service on attaining his normal age ofsuperannuation on July 31, 2015. Pension payment orderwas issued in his favour on February 22, 2016.

According to the petitioner, he got a copy of hisservice book after his retirement wherefrom it revealed thatthere were certain anomalies with regard to fixation of hispay. The petitioner relies upon the noting in his service bookdated July 1, 2005 which mentions the pay of the petitioneras Rs.5950/-. The petitioner submits that thereafter hisexisting basic pay was erroneously reduced to Rs.5850/-.According to the petitioner, his basic pay ought to have beenRs.5950/- and not Rs.5850/-. The petitioner submits thatthe last basic pay which was recorded in his service book wasRs.18,850/- but the same was erroneously reduced toRs.18,690/-. In view of the wrong calculation, the petitioner was directed to refund an amount of Rs.19,256/- on accountof alleged excess payment made to him.

The petitioner highlighted his grievance praying forre-fixation of his family pension and other retiral benefits onthe basis of the actual last pay drawn by filing arepresentation before the Director of Pension, ProvidentFund and Group Insurance as well as the District Inspectorof Schools (P.E.), Murshidabad. As the representation filedby the petitioner was not taken up for consideration, thepetitioner approached this Court by filing a writ petitionbeing W.P. 23395 (W) of 2016 which stood disposed of by anorder dated October 4, 2016 by directing the Director ofPension, Provident Fund and Group Insurance to dispose ofthe representation filed by the petitioner for re-fixation offamily pension. In compliance of the direction passed by theCourt, the Director, Pension, Provident Fund and GroupInsurance have passed a reasoned order in February 2017.The same is under challenge in the present writ petition.

The Director was of the opinion that as pension hasbeen fixed on the basis of the last pay drawn by thepetitioner, that is, Rs.18,690/- only, accordingly, the Directoris not in a position to re-calculate the retiral dues on thebasis of the erroneously prepared last drawn certificate.

The fact remains that the Director, Pension, ProvidentFund and Group Insurance is not the competent authority tore-fix the salary of a teacher. The Director is only required toissue the pension payment order on the basis of the last pay drawn by an employee. The matter of re-calculating or re-fixing the pay of a teacher has to be done by the DistrictInspector of Schools within whose jurisdiction the employeeserved.

Accordingly, the present writ petition is disposed of bydirecting the District Inspector of Schools (P.E.),Murshidabad to consider the prayer of the petitioner for re-calculating his pay on the basis of entries made in his servicebook.

The petitioner is directed to prepare a comprehensiverepresentation along with all documents in support of hisclaim and submit the same before the District Inspector ofSchools for consideration.

In the event, such a representation is made by thepetitioner, the same shall be considered by the DistrictInspector of Schools upon verification of the recordsmaintained in the office of the District Inspector of Schoolsand the documents that are available in the office of theMurshidabad District Primary School Council and in theoffice of the Sub-Inspector of Schools, Bharatpur Circle,Murshidabad.

A decision shall be taken in response to therepresentation filed by the petitioner strictly in accordancewith law after giving an opportunity of hearing to thepetitioner and all other necessary parties at the earliest butpositively within a period of twelve (12) weeks from the dateof filing the representation. The District Inspector of Schools

shall pass a reasoned order and communicate the same to thepetitioner immediately thereafter.

It is made clear that this Court has not entered intothe merits of the claims of the petitioner and all points areleft open to be decided by the said respondents at the time ofconsideration of the representation of the petitioner.

Writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for,be given to the parties, upon compliance of all formalities, onpriority basis.

(Amrita Sinha, J.)