SURMILA RAJAK SANCHAYITA DE vs STATE OF WEST BENGAL AND ORS. — WPA/10053/2026

Case under West Bengal Panchayat Act ,1973 Section NA. Disposed: Contested--DISPOSED on 06th May 2026.

CNR: WBCHCA0192602026

CASE DISPOSED

Next Hearing

30th April 2026

Filing Number

WPA/9915/2026

Filing Date

22-04-2026

Registration No

WPA/10053/2026

Registration Date

23-04-2026

Judge

HON'BLE JUSTICE SUVRA GHOSH

Coram

HON'BLE JUSTICE SUVRA GHOSH

Bench Type

Single Bench

Category

GROUP A (WRIT MATTERS) ( 1 )

Sub-Category

Miscellaneous ( 7 )

Judicial Branch

MANDAMUS SECTION

Decision Date

06th May 2026

Nature of Disposal

Contested--DISPOSED

Acts & Sections

West Bengal Panchayat Act ,1973 Section NA

Petitioner(s)

SURMILA RAJAK SANCHAYITA DE

Respondent(s)

STATE OF WEST BENGAL AND ORS.

Hearing History

Judge: HON'BLE JUSTICE SUVRA GHOSH

30-04-2026

NEW MOTION

05-05-2026

INTEREST ON GRATUITY

Orders

06-05-2026
HON'BLE JUSTICE SUVRA GHOSH

The court allowed the writ petition and directed the respondents to refund Rs. 84,222/- that was wrongfully deducted from the petitioner's husband's retirement benefits as "overdrawal." The court held that recovery from a retired employee (or their surviving spouse) is impermissible under established precedent, particularly where such recovery would be harsh or iniquitous. The full refund with 8% annual interest from June 10, 2024, must be paid within two months. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The court allowed the writ petition and directed the respondents to refund Rs. 84,222/- that was wrongfully deducted from the petitioner's husband's retirement benefits as "overdrawal." The court held that recovery from a retired employee (or their surviving spouse) is impermissible under established precedent, particularly where such recovery would be harsh or iniquitous. The full refund with 8% annual interest from June 10, 2024, must be paid within two months. This case analysis is maintained by casestatus.in based on publicly available court records.

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