Chhabi Banerjee v. State Of West Bengal And ORS.

06.05.2024 Item no.120 Court No.13 pk WPA 5989 of 2024 Chhabi Banerjee

Versus

The State of West Bengal & Ors.

Mr. Banshi Badan Maity ..For the petitioner.

Affidavit-of-service filed in Court today is taken on record.

In the present case the writ petitioner's husband is aggrieved by the order of deduction of the overdrawn amount of a sum of Rs.1,39,235/- after the retirement of an employee on 31.10.1991. The writ petitioner is the widow of an Head Teacher who retired on 31.10.1991 and expired on 05.09.2011 and the pension was paid by the authorities after deducting the aforesaid amount as overdrawn amount.

The issue whether overdrawal of pay can be adjusted against retirement dues of an employee has been settled in the case of Shyam Babu Verma & Ors. v. Union of India & Ors., reported in (1994) 2 SCC 521 and also in a later decision in the case of Syed Abdul Qadir & Ors. v. State of Bihar & Ors. reported in (2009) 3 SCC 475 and also in the case of State of Punjab and

Ors. v. Rafiq Masih (White Washer) & Ors., reported in (2015) 4 SCC 334. A judgement of a co-ordinate Bench of this court in the case of Shiba Rani Maity v. The State of West Bengal in W.P. No. 29979 (W) of 2016 as well as Biswanath Ghosh v. The State of West Bengal in W.P. No. 27562 (W) of 2016 has categorically held that in a case where no rights have accrued in favour of a third party, the petitioner who has suffered by reason of non-payment of amount withheld on the grounds of an alleged overdrawal has a right to approach this court for appropriate relief. The relevant paragraphs from WP No. 29979 (W) of 2016 are set out below:

"(15) The only other question is that whether the writ petition should be entertained in spite of delay of about 17 years in approaching this Court. In a judgment and order dated 6 September, 2010 delivered in MAT 1933 of 2010 passed by a Division Bench of this Court and held that although the petitioner had approached the Court after a lapse of nine years, no third party right had accrued because of the delay and it was only the petitioner who suffered due to non-payment of the withheld amount on account of alleged over-drawal. Accordingly the Division Bench set aside the order of the Learned Single Judge by which the writ petition had been dismissed only on the ground of delay.

(16) Following the Division Bench judgment of this Court adverted to above, I hold that it is only the petitioner who suffered by reason of the wrongful withholding of the aforesaid sum from his retiral benefits. Although there has been a delay of about 17 years in approaching this Court, the same has not

given rise to any third party right and allowing this writ application is not going to affect the right of any third party. It may also be noted that the Hon'ble Apex Court observed in its decision in the case of Union of India vs. Tarsem Singh, (2008) 3 SCC 648 that relief may be granted to a writ petitioner in spite of the delay if it does not affect the right of third parties." It is clear from the above that a Writ of Mandamus is prayed for is maintainable in the facts of the present case.

The Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and also the concerned Treasury Officer are accordingly directed to release the amount of Rs.1,39,235/- to the petitioner along with interest @8% per annum with effect from the date of issuance of the pension payment order, within a period of eight weeks from the date of communication of this order.

The concerned Treasury Officer shall verify as to whether the petitioner is present in person along with the documents of identity before making any disbursement as directed hereinabove. In the event the petitioner is not present, the matter shall be reported to the Registrar General of this Court for appropriate action.

With the aforesaid directions, the instant writ petition is disposed of.

Urgent certified website copy of this order, if applied for, be made available to the petitioner upon compliance with the requisite formalities.

(Rajasekhar Mantha, J.)