SHEKHAR B.SARAF,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated December 27, 2017 passed by the District Inspector of Schools (S.E.), Jalpaiguri, wherein he has held that in the case of the petitioner, pensionary benefits cannot be recalculated on the basis of erroneously mentioned last drawn salary of the petitioner and therefore, revised pension payment order cannot be issued.
(2.) By an order dated April 8, 2011, a coordinate bench of this Court had passed an order in favour of the petitioner directing the respondent authorities to refund the amount deducted from the overdrawn amount indicated in the pension payment order. This part of the order has been implemented by the State authorities.
(3.) The order also contained a direction on the concerned authority to recalculate the retiral dues of the petitioner by taking into consideration the last drawn salary of the petitioner and to issue a revised pension payment order, so that, the arrear dues as per such recalculation together with interest at the rate of 8% per annum could be paid to the petitioner. However, the process of recalculation of the revised pension payment order was not completed till the year 2016 and when the matter came up before the Assistant Director, Pension, Provident Fund and Group Insurance, West Bengal, the authorities directed the concerned District Inspector of Schools to consider the case of the petitioner in the light of the judgement passed in a similar case of State of West Bengal and ors. v. Amalendu Sekhar Bera and anr. (M.A.T. 98 of 2015 with C.A.N. 1659 of 2015 with C.A.N. 1821 of 2015) [Coram: Pranab Kumar Chattopadhyay and Ishan Chandra Das, JJ.].;