- (1.) THE petitioner who was an Assistant Teacher of Shyampur Basuli Vidya Bhawan in the District of Purba Medinipur retired from service on superannuation with effect from 31st January, 2011. Before his retirement, pension papers of the petitioner were submitted to the concerned District Inspector of Schools on 23rd November, 2009.
(2.) THE retiral dues and the pensionary reliefs of the petitioner have not yet been settled due to the audit objection dated 9th February, 2011 as indicated in the communication made between the District Inspector of Schools (S.E.), Purba Medinipur and the Secretary of the said school on 10th March, 2011 vide annexure "P-4" to this writ petition at page 77 thereof. THE said audit objection which was mentioned there, is as follows :- " THE Pay drawn as on 13.2.83 at Rs. 550/- under Ropa-81 appears to be not in order. It is to be rectified and recast in Service Book and all other papers. THE overdrawal amount if any, is required to be deposited in Government A/C." Thus, the concerned authority was of the view that the retiral dues and the pensionary reliefs of the petitioner cannot be settled until the overdrawal in pay is recovered from the petitioner. It appears from the materials on record that no effective step was taken by the concerned authority for recovering the overdrawal in pay from the petitioner before his retirement.
(3.) THE concerned authority is now insisting upon the petitioner to refund the overdrawal amount as a condition for payment of his retiral dues and the other pensionary reliefs. Let me now consider as to how far the concerned authority was justified in taking the said stand in the facts of the instant case.;