Calcutta High Court (Appellete Side)
Narayan Chandra Dey vs The State Of West Bengal And Others on 9 February, 2012
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
S/L. 59.
February 9, 2012.
HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
W. P. S. T. No. 29 of 2012
Narayan Chandra Dey
....Petitioner.
Versus
The State of West Bengal and Others
...Respondents.
Mr. Sourav Mitra ...for the petitioner.
Mr. Debangshu Basak, Ms. Munmun Tewary ...for the State-respondents.
This is an application under Article 226 of the Constitution of India against order dated July 11, 2011 passed by the West Bengal Administrative Tribunal in Original Application No. 257 of 2011.
The petitioner is aggrieved as Rs.61,801/- (Rupees sixty one thousand eight hundred and one) only was deducted from his retiral benefit allegedly on the ground of excess payment. The tribunal found that following the advice of the office of the Accountant General, West Bengal, the salary of the petitioner was re-fixed and the amount, already mentioned, was recovered from his retiral benefit including gratuity amount.
There is no allegation that the petitioner was responsible for the excess of payments. Though there is no principle that excess of payment made to an employee should not be recovered, but recovery is permitted if excess of payment is made as a result of misrepresentation, fraud or collusion.
The tribunal, therefore, directed refund of said Rs. 61,801/- (Rupees sixty one thousand eight hundred and one) only to the petitioner within a period of four months.
The petitioner is aggrieved as no interest was provided.
We are of the opinion that the petitioner is entitled to interest on the said amount of Rs. 61,801/- (Rupees sixty one thousand eight hundred and one) only.
We, therefore, modify the order of the tribunal and direct the respondents authorities to pay interest at the rate of 9% (nine per centum) per annum on the said amount of Rs. 61,801/-(Rupees sixty one thousand eight hundred and one) only from the date of retirement of the writ petitioner till the payment was actually made to him.
Let the authorities calculate the amount payable to the petitioner and release the payment within two months from the date of communication of this order to the authorities concerned.
The application under Article 226 of the Constitution of India is, thus, disposed of.
We make no order as to costs.
The office is directed to supply xerox certified copy of this order to the applicant, if applied for, on urgent basis.
(Subhro Kamal Mukherjee, J.) (Nishita Mhatre, J.)