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Judgment
Amrita Sinha, J
The petitioner was serving as a Mazdoor of the Panihati Municipality. He retired from service on attaining his normal age of superannuation on March 31, 2019. After retirement the petitioner was paid his provident fund and provisional pension. The petitioner is yet to receive his full pension, gratuity and leave encashment, if any.
The Executive Officer of the Panihati Municipality by a communication dated September 5, 2019 intimated the petitioner that a sum of Rs. 28, 730/-only has been calculated as excess payment of salary and he was requested to refund the said amount to the respective head of account to get early pension.
The petitioner is aggrieved by the same.
The petitioner relies upon a judgment delivered by the Hon'ble Supreme Court in the matter of State of Punjab & Ors. v. Rafiq Masih (White Washer) etc., reported in (2015) 4 SCC 334.
The learned advocate representing the municipal authority submits that until and unless the petitioner refunds the amount which has been paid to him inadvertently by mistake the Municipality is unable to release his pension and gratuity.
The submission of the Municipality is contrary to the principles laid down by the Hon'ble Supreme Court in the case of Rafiq Masih (supra) wherein refund from retired Class-IV employee is impermissible.
The Supreme Court categorically held that recovery of excess payment cannot be made from retired employees belonging to Class-IV or Group-D service. The petitioner herein was serving as a Mazdoor and accordingly covered by the said judgment.
In view of the above, action of the respondents in directing the petitioner to refund the excess amount paid to him is absolutely illegal and liable to be set aside. In view of the above, the instant writ petition is disposed of by directing the Executive Officer of the Panihati Municipality to take prompt necessary steps for forwarding the necessary papers of the petitioner for the purpose of disbursal of his terminal dues to the Director of Pension, Provident Fund & Group Insurance immediately but positively within a period of four weeks.
The respondent no. 3 being the Director of Pension, Provident Fund & Group Insurance shall take immediate necessary steps for disbursing the terminal dues of the petitioner within a period of six weeks from the date of receipt of the documents from the Municipality.
The respondents shall make all endeavours to ensure that the petitioner receives all his terminal benefits positively within a period of twelve weeks hereof.
WP No. 21157(W) of 2019 is disposed of.
The instruction given by the Panihati Municipality to the learned advocate is retained with the records.
Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.