Samapti Chatterjee, J. - (1.) Let affidavit-of-service filed by the learned Counsel for the petitioner in Court today be kept on record.
(2.) The petitioner has filed the present writ petition for a direction upon the respondent no. 3, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal to refund the deducted amount of Rs. 67,331/- with interest at the rate of 10% per annum from the date of retirement till the date of payment and re-fix pension of the petitioner accordingly.
(3.) The petitioner's case in short is as follows that the petitioner the was an employee of the school in question, after completion of service, the petitioner retired from service on 31.03.1994 as the husband of the petitioner attended the age of superannuation. After retirement of the petitioner the school authority has prepared the petitioner's papers for pension and accordingly, those papers were forwarded to the concerned District Inspector of Schools for payment of retirement benefits of the petitioner including gratuity amount but the said pension papers were withheld. For the reason, the petitioner has drawn excess amount during service tenure and the authority forced the petitioner to refund the over-drawal amount. It also appears that the concerned District Inspector of Schools reduced the petitioner's pay drawn at the time of retirement and calculated the overdrawal amount of Rs. 67,331/-.Thereafter the Pension Payment Order was issued by the Assistant Director of Pension, Provident Fund and Group Insurance vide Memo dated 23.03.2002 wherefrom it reveals that the authority had deducted basic pay of the petitioner drawn at the time of retirement and deducted the amount of Rs. 67,331/-from gratuity of the petitioner. Only after retirement from the Pension Payment Order it is found that Rs. 67,331/- had been deducted from the petitioner's pensionary benefits. ;