Authority: Calcutta High Court, Constitutional Writ Jurisdiction Appellate Side
Order Date: 10 August 2026
Case Overview
- Petitioner Gouri Sankar Banerjee, a former conductor employed since 1991 with the State of West Bengal (respondent No. 3), retired on 30 June 2023 and received terminal benefits, including a sanctioned gratuity of Rs 6,63,600 and a pension.
- By memo No. 952/(8)/CSTC dated 3 October 2023, Rs 1,14,454 was deducted from the gratuity as alleged over‑payment, without any hearing.
- Subsequently, the authorities informed the petitioner that an additional Rs 2,02,665 had been realized from his terminal and other dues under the Railway Officers’ Pension Act 2009 (ROPA 2009).
- The petitioner contended that such recovery violates the Supreme Court’s decision in State of Punjab & Ors. v. Rafiq Masih (2015 4 SCC 334), which holds that terminal benefits cannot be recovered on the ground of over‑payment.
- Respondent’s counsel, Mr. N.C. Bihani, produced instructions indicating that the Rs 2,02,665 comprised arrears of leave salary, dearness allowance, increments, and a second tranche related to gratuity.
Final Outcome
- The Court held that the recovery was wrongful and directed the authorities to refund the full amount of Rs 2,02,665 to the petitioner.
- Interest at 6 % per annum is to be payable from the date of recovery until actual payment.
- The repayment must be made on or before 15 September 2026.
- The writ‑petition is disposed of with no order as to costs.
Topics: Legal Remedy, Pension Recovery, Employment Benefits