JYOTIRMAY BHATTACHARYA,J. - (1.) The petitioner who was an Assistant Teacher of Contai Harisabha Junior High School in the district of Purba Medinipur retired from service on superannuation with effect from 28.02.2008. After retirement of the petitioner, two Pension Payment Orders were issued in favour of the petitioner on 30.04.2009 and 02.05.2011. The petitioner received the retiral dues as per the said Pension Payment Orders on 23.06.2009 and 01.07.2011 respectively.
(2.) The petitioner has filed the writ petition challenging the illegal action on the part of the concerned authority for deducting a sum of Rs. 1,08,199/- on account of overdrawal in pay from the retiral benefits of the petitioner.
(3.) The question regarding legality of such deduction on account of overdrawal and/or excess payment of salary from the retiral benefits of a retired person has already been decided by the Hon'ble Supreme Court in the case of Shyambabu Varma v. Union of India and Ors. reported in (1994) 2 SCC page 521 wherein it was held that if a retired person had no hand either in the process of refixation of pay and further payment, the overdrawal amount cannot be adjusted and/or realised from the retiral benefits of such retired person after his retirement.;