- (1.) A glaring example of abuse of process of the writ Court is what manifests itself in the facts of the instant case. What at first blush appeared to the writ court as a matter which merited consideration since it involved a senior citizen, has turned out to be a murky and sordid tale involving of a person who has approached the writ Court with totally unclean hands even while grossly misrepresenting and suppressing material facts.
(2.) THE facts, as will unfold presently, will demonstrate that the writ petitioner has thrown all caution to the winds and filed the instant writ petition most unabashedly. On 22nd February, 2011, the instant writ petition was filed by him stating that he was a former assistant teacher of a primary school situated under the jurisdiction of the District Primary School Council, Bankura, who had retired on 30th April, 1995. Upon Pension Payment Order being issued in the year 2000, he found that an amount of Rs.40,433/- had been deducted as overdrawn payment. He, nevertheless, did nothing about it and chose to remain in hibernation for almost eleven years and woke up one fine morning to file the instant writ petition seeking, inter alia, issuance of a writ in the nature of mandamus commanding the concerned respondent authorities to release the said amount of Rs.40,433/-, which was deducted from his retiral dues. On 23rd June, 2011, after considering the submissions made by the learned advocates for the parties, taking into consideration that the writ petitioner was a senior citizen who had come up with the specific allegation of wrongful deduction of the sum of Rs.40,433/- from his pensionary account, this Court directed the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal, to file a report in the form of an affidavit stating therein the actual reasons for making such deduction from the writ petitioner's pensionary account as appearing from the Pension Payment Order issued on 5th June, 2000. Learned Additional Government Pleader, who represents the State in the matter, has since filed the report in the form of an affidavit in the matter, which may be kept on record.
(3.) THE report of the Director Pension, Provident Fund & Group Insurance, Government of West Bengal, now reveals that the writ petitioner had earlier given an explicit undertaking under his signature on 28th October, 1998, declaring, inter alia, that he was agreeable to refund the salary already drawn in the old pay scale (ROPA 1981) for rendering service beyond sixty years of age in order to be eligible, for consideration of pension etc. as per revised scale of pay (ROPA 1990) with effect from 1st May, 1995. In the said undertaking he had further unequivocally declared that he would raise no objection if he was allowed pensionary benefits in the pre- 1st January, 1986, scale of pay and the salary overdrawn in the revised pay scale would be refunded by him to the Government or could be adjusted with the pensionary benefits. (emphasis supplied). Surprisingly, the writ petitioner did not even utter a word or even cared to whisper of such declaration made by him under his own signature on 28th October, 1998, in his pleadings. This written undertaking of the petitioner given under his signature has been disclosed for the first time by the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal, in his report. It is, therefore, evident that the writ petitioner approached this Court almost eleven years from the date of issuance of the Pension Payment Order to somehow obtain a snatch order by gross misrepresentation and upon suppression of material facts. Nothing can be more glaring example of an abuse of process of the writ Court as the one that has been so vividly demonstrated by the writ petitioner in the facts of the instant case.;