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Calcutta High CourtWPA/26833/2025disposed

Jear Ali Seikh v. The State Of West Bengal And ORS.

2025-11-26Hon'Ble Justice Amrita Sinha2 pages

26.11.2025 Item no.19 Subrata Bhattacharyya AR(C) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA No.26833 of 2025 Jear Ali Seikh -versus The State of West Bengal & Ors.

Mr. Banshi Badan Maity ...for the petitioner Mr. Tapas Kumar Roy ...for the State 1.

The petitioner retired on September 30, 2023 on attaining his normal age of superannuation. Pension Payment Order was issued in his favour on May 3, 2024. Prior thereto, the petitioner was directed to deposit a sum of Rs.1,10,967/- on account of refund of overdrawn payment which the petitioner did by two treasury challans dated October 17, 2023 and March 28, 2024.

2.

In the instant writ petition the petitioner prays for refund of the aforesaid overdrawn amount.

3.

It has been submitted that the said amount could not have been directed to be refunded on account of excess payment immediately prior to the retirement of the teacher.

4.

The Hon'ble Supreme Court in the matter of State of Punjab & Ors. Vs. Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334 laid down that recovery from retired employees and recovery from employees who are due to retire within one year of the order of recovery is impermissible.

5.

In the instant case, the petitioner has been directed to refund the amount immediately prior to his retirement. The same could not have been done.

6.

In view of the above, the instant writ petition is disposed of by directing the Director of Pension, Provident Fund & Group Insurance, the concerned District Inspector of Schools and the concerned Treasury Officer to refund to the petitioner the aforesaid amount along with interest @ 5% per annum calculated from the date of issuance of the Pension Payment Order till date of actual payment at the earliest but positively within a period of twelve weeks from the date of communication of this order.

7. The writ petition stands disposed of.

8.

Certified copy of this order, if applied for, be given to the parties.

[Amrita Sinha, J]