Sambuddha Chakrabarti, J. - (1.) The short question that crops up for consideration in this writ petition is whether recovery of overpayment made to the petitioner by Calcutta State Transport Corporation, i.e., respondent no. 2 is justified.
(2.) The petitioner was an employee of the respondent no. 2 and he retired from service on February 28, 2015. Although he had received the provident fund dues in time but no payment was made on account of gratuity and leave salary. Earlier he filed a writ petition which was disposed of by this Court on August 20, 2015 with an observation that an issue sought to be raised in that writ petition was covered by the Scheme for the retired employees of State Transport Undertakings formulated by the Government in terms of the direction contained in the order dated June 13, 2015 passed in W.P. No. 11978 (W) of 2015. As such, this matter would also be governed by the direction passed in that writ petition.
(3.) Ultimately, the petitioner was paid a sum of Rs. 2,67,793/- towards gratuity after deducting Rs. 39,125/-. The petitioner has made a grievance that there was an over payment which was recovered from him without assigning any reason and without giving him any opportunity of being heard. Such recovery of alleged over payment had caused him hardship and the over payment was not caused by any act of fraud or misrepresentation by the petitioner, but due to wrong calculation of the respondents. He is, therefore, entitled to get back the amount the money recovered from his gratuity.;