Uttam Kumar Bera v. State Of West Bengal And ORS.

5th Feb., 2026 In the High Court at Calcutta Item no.D/L 41 Court No. 18 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 27167 of 2025 In the matter of :

Uttam Kumar Bera .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Banshi Badan Maity ....Advocate For the State:

Ms. Kum Kum Das ....Advocate

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner retired on 30.04.2024 on attaining his normal age of superannuation. Pension Payment Order was issued in his favour on 13.09.2024. Prior thereto, the petitioner was directed to deposit a sum of Rs.3,45,435/- on account of refund of overdrawn payment which the petitioner did by a Treasury Challan dated 07.02.2024.

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

4. 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.

5. 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.

6. 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.

7. In view of the above, the instant writ petition is disposed of by directing the Director of Pension, Provident Fund and 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.

8. The writ petition stands disposed of.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)