Jagadish Chandra Ray@Roy v. The State Of West Bengal And ORS

30.04.2025 d.p.

High Court At Calcutta In the Circuit Bench at Jalpaiguri Constitution Writ Jurisdiction Appellate Side W.P.A. 1016 of 2025 Jagadish Chandra Ray @ Roy -versus The State of West Bengal & Ors.

Mr. Debajit Kundu.

...For the Petitioner.

Mr. Momenur Rahman, Mr. Sourav Sarkar.

...For the State.

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

2. The petitioner retired from service as an Assistant Teacher on 31.01.2024. Prior to issuance of Pension Payment Order he was directed to refund a sum of Rs.1,00,909/- on account of overdrawal pay which he deposited through Treasury Challan on 03.07.2024. Pension Payment Order was issued in his favour on 31.07.2024.

3. The petitioner submits that the said amount could not have been directed to be refunded immediately prior to retirement.

4. In view of the order passed by the Hon'ble Supreme Court in the matter of State of Punjab & Ors. -vsRafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334 recovery from the retired employees or the employees who are due to retire within one year of the order of recovery is impermissible. Recovery from the employee where the excess payment has been made for a period in

excess of five years before the order of recovery is issued, is also impermissible.

5. In line with the above ratio laid down by the Hon'ble Supreme Court, the recovery that has been made from the terminal dues of the petitioner cannot be accepted by the Court.

6. The Director of Pension, Provident Fund and Group Insurance, Government of West Bengal, the concerned District Inspector of Schools (S.E.) and the concerned Treasury Officer are directed to refund the deducted amount of Rs.1,00,909/- to the petitioner along with interest @5% per annum with effect from the date of issuance of the Pension Payment Order till the date of actual payment at the earliest but positively within a period of eight weeks from the date of communication of this order.

7. The writ petition stands disposed of.

8. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)