- (1.) This writ petition has been filed assailing the judgment and order dated 6th January, 2014 passed by the West Bengal Administrative Tribunal in Case No. O.A. 1163 of 2012 whereby the said learned Tribunal following the decision of the Supreme Court in the case of Chandi Prasad Uniyal and Ors. v. State of Uttarakhand and Ors., 2012 8 SCC 417 refused to grant any relief to the petitioner herein. From the records it appears that the petitioner herein was appointed as Armed Sub-Inspector on 7th June, 1974 and he was subsequently promoted to the post of Armed Inspector. The Commandant, S.A.P. 2nd Bn., Barrackpore by the order dated 7th December, 2011 re-fixed the pay of the petitioner pursuant to the observation of the Sr. Accounts Officer in the office of the A.G, West Bengal. The Commandant SAP 2nd Bn., Barrackpore by written communication dated 16th December, 2011 informed the Principal Accountant General (A&E), West Bengal that a sum of Rs. 2,13,035/- will be recovered from the gratuity of the petitioner as per modified pay fixation and ultimately recovered the said amount from the gratuity of the petitioner.
(2.) The aforesaid written communication dated 16th December, 2011 issued by the Commandant SAP 2nd Bn., Barrackpore to the Principal Accountant General (A&E), West Bengal is set out hereunder: "To The Principal Accountant General (A&E) West Bengal Treasury Building, Kolkata-01. Sub:- Resubmission of pension papers. Ref. Memo No. Pen X/274(A)/ll-12/0/1856 dated 02.11.2011 of AG (A&E) West Bengal. The original Service Book alongwith the pension papers of Asitosh Bhattacharya of this unit are resubmitting herewith after taking necessary action from this end as per observation made vide memo under reference. It is informed that the excess pay and allowances an amount of Rs. 2,13,035/- as per modified pay fixation will be recovered from retiring gratuity. Commandant SAP 2nd Bn., Barrackpore Memo No. 3118/1)1)P.O// Date 16-12-11//"
(3.) The petitioner being aggrieved by the deduction of the aforesaid amount of Rs. 2,13,035/- from the gratuity filed the Original Application before the West Bengal Administrative Tribunal.;