PRATAP CHANDRA SINHA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2013-7-20
HIGH COURT OF CALCUTTA
Decided on July 12,2013

Pratap Chandra Sinha Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) THIS writ application is directed against recovery of overdrawal amount of Rs.94,128/- from the terminal benefits of the petitioner arising out of his service as an Assistant Teacher of Baragram B.B.P.R. High School, Post Office- Baragram, District- Purulia.
(2.) THE petitioner joined in the aforesaid service in the month of October, 1961. The petitioner retired from the above service on attaining the age of retirement on superannuation on June 30, 1996. In course of verification of the documents and papers relating to the aforesaid service of the petitioner, it was detected by the competent authority that the petitioner had reached his age of retirement on superannuation on October 31, 1994. But he continued to work upto June, 1996. The Managing Committee of the above school adopted a resolution in its meeting dated April 25, 1997 observing that document relating to the date of birth of the petitioner was written in Hindi script and as a result of which the Managing Committee of the school under reference committed an error in calculating his age. Consequent thereupon the petitioner had worked upto the age of 62 years instead of working till attaining the age of 60 years.
(3.) THEREAFTER , the respondent-authority released his terminal benefits issuing pension payment order under Memo No.6823/S dated March 31, 2002. By virtue of the above pension payment order, the pension of the petitioner was released w.e.f. November 1, 1994 and an amount of Rs.94,128/- was recovered towards overdrawal by the petitioner for the period from November 1, 1994 to June 1996. According to the petitioner, he had forgotten his date of birth and for that reason, he could not inform the respondent-authority of the error committed in working after attaining the age of 60 years.;


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