Sambhu Nath Barik v. State Of West Bengal And ORS.

16.08.2024 KB In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 20460 of 2024 Sambhu Nath Barik -versus The State of West Bengal & Ors.

Ms. Sanchayita De ...For the Petitioner.

Md. Farhaduddin ...For the State.

The petitioner is a retired primary school teacher. A sum of Rs.46,884/- has been recovered from him on account of refund of the overdrawal amount prior to his retirement in March 31, 2023. The petitioner prays for refund of the said amount.

I have heard learned counsel for the petitioner and considered the orders passed by the Hon'ble Supreme Court as well as this Court on similar facts. The Hon'ble Supreme Court laid down in State of Punjab Vs. Rafiq Masih; (2015) 4 SCC 334 that recovery from retired employees is impermissible.

In the present case, the petitioner is a retired employee and deduction was made after the petitioner retired from service. The same is impermissible in view of the law laid down by the Hon'ble Supreme Court.

The concerned Treasury Officer is, accordingly, directed to refund the amount of Rs.46,884/- deducted from the terminal benefit of the petitioner along with interest at the rate of 7% per annum with effect from the date of issuance of PPO till the date of actual payment. Such payment is to be made to the petitioner within a period of eight weeks from the date of communication of this order.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)