J. Bhattacharya, J. - (1.) The Petitioner who was an Assistant Teacher of Dhumsai S.C. High School in the District of Paschim Medinipur, retired from service on superannuation on 30th March, 1996. Long after his retirement pension payment order was issued in favour of the Petitioner on 9th June, 1999 wherefrom it appears that a sum of Rs. 11,964/ - was deducted from his dearth -cum -retiring gratuity. The said amount of Rs. 11,964/ - was deducted from the retiral benefits of the Petitioner as the said sum of Rs. 11,964/ -, according to the concerned Respondent, was paid to the Petitioner in excess of his entitlement during the tenure of his service due to his wrong pay fixation.
(2.) It has already been held by the Hon'ble Supreme Court in the case of Shyambabu Verma v/s. Union of India; reported in : (1994) 2 SCC 521, that such overdrawal in pay due to wrong pay fixation cannot be adjusted and/or realised from the retiral benefits of a retired person after his retirement provided, however, the employee had no role to play in the process of wrong re -fixation of his pay.
(3.) Here is the case where it is not alleged by the State Government that the Petitioner was responsible for his erroneous pay fixation and as such this Court holds that even if any payment was made to the Petitioner in excess of his entitlement due to wrong pay fixation by the concerned authority during the tenure of his service, such excess payment can not be realised from the retiral benefits of the retired person after his retirement. As such this Court holds that the Petitioner is entitled to get back the deducted amount of Rs. 11,964/ - which was unauthorisedly recovered from him by the state Respondent from the retiral benefits of the Petitioner.;