Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 dated February 10, 2010 is seeking a mandamus commanding the respondents to pay him with interest Rs. 55,620 deducted from his gratuity and pension arrears towards recovery of overpaid salary and allowances. The petitioner was a primary school teacher. According to the provisions of the ROPA Rules that he had opted in to, he was to retire from services on reaching the age of 60. Hence he was to retire on November 30, 1994. He was, however, kept in employment till June 30, 1996. Salary, etc. paid for December 1, 1994 -June 30, 1996 were deducted from the retirement benefits.
(2.) THE respondents have filed Affidavit -in -Opposition that salary and allowances paid for December 1, 1994 -June 30, 1996 were recovered from the petitioner's retirement benefits on the grounds that he was not entitled to remain in employment after November 30, 1994. Mr. Maity appearing for the petitioner has submitted that since the respondents took the petitioner's services, salary and allowances he was paid for the period in question could not be recovered on the grounds of overpayment.
(3.) MR . Sengupta appearing for the State has argued that the petitioner was not entitled to the benefits of the 1990 RORA Rules and also employment beyond the age of 60, and that, in any case, his own declaration entitled the respondents to recover the overpaid salary, etc. from his retirement benefits.;