- (1.) THE Judgment of the Court was as follows : This writ application is directed against an order dated January 12, 2007 passed by the Deputy Director of Accounts (Education), Government of West Bengal for recovery of overdrawn amount from the terminal benefits of the petitioner from December 28, 2001.
(2.) THE petitioner was working for gain as an assistant teacher in Craft in Hatthuba Kalibala Kanya Bidyapith Gram Seva Sangha, North 24 Parganas. THE petitioner retired from the above service on attaining the age of retirement on superannuation with effect from January 1, 2008. The benefit of scale of pay of Rs. 425-1025/- was extended to the petitioner in terms of the Revision of Pay and Allowances Rules, 1981 on the basis of memorandum No. 372-Edn.(B)dated July 31, 1981. The petitioner was holder of a three years Diploma from Lady Brabourne College. In the above memo, the benefit of such scale of pay of Rs. 440-1470/- was extended for the Craft teachers with five years Diploma in Arts and Craft for Government College. The benefit of the scale of Rs. 425-1050/- was extended to the Craft teachers with any other Diploma. The extension of the benefit of the scale of pay of Rs. 425-1050/- was further clarified by the Directorate of School Education, West Bengal by an order dated April 10, 1986 allowing the Craft teachers with three years Lady Brabourne Diploma enjoyed the above scale of pay. The above scale of pay was further revised under the Revision of Pay and Allowances Rules 1991 to Rs. 1390-2970/-. The petitioner enjoyed the aforesaid benefits. By virtue of an Government order issued under memo No. 138 SE(B) ESC/B/1M-28/2000 dated February 15, 2002, the scale of pay of Craft teachers holding three years Lady Brabourne Diploma and serving in non-Government recognized and aided educational institutions was reduced to Rs. 360-815/- under Revision of Pay and Allowances Rules, 1981 and Rs. 1200-2360/- under Revision of Pay and Allowances Rules, 1990. On the basis of the above Government order, the scale of pay of the petitioner was refixed and by virtue of the impugned order the overdrawal for the period from April 1,1981 to December 27,2001 was condoned with a further direction for recovery of the overdrawal amount on the basis of the calculation made in the impugned order with effect from December 28, 2000.
(3.) THE learned Counsel appearing on behalf of the petitioner submits that in terms of the Revision of Pay and Allowances Rules, 1981, the scale of pay of the petitioner was revised. It was subsequently clarified by an order of the Director of School Education, West Bengal. THE scale of pay of the petitioner was subsequently revised in terms of the Revision of Pay and Allowances Rules, 1990. THEre was no fault and/or laches on the part of the petitioner. She had no role to play in fixing her scale of pay. According to him, it was not open for the respondent authority to reduce the above scale of pay to her at the verge of her retirement and to realize any portion of such overdrawal from the terminal benefits of the petitioner. The learned Counsel appearing on behalf of the petitioner relied upon the decision of Shyam Babu Verma v. Union of India reported in (1994)2 SCC 521 ; Syed Abdul Qudir v. State of Bihar & Ors. reported in (2009)3 SCC 475 and Kamal K. Jha v. State of West Bengal & Ors. reported in (2005)1 Cal HN 54.;