Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 dated March 5,2010 is seeking a mandamus commanding the respondents to pay him with interest Rs. 24,280 deducted from his gratuity amount towards recovery of overpaid salary. The petitioner was a primary school teacher. According to the provisions of the Revision of Pay and Allowances Rules that he accepted exercising option he was to retire from the services on reaching the age of sixty. Hence he was to retire on October 31,1995. He was superannuated only on June 30, 1996. Salary, etc. paid for the period from November 1, 1995 to June 30, 1996 were deducted from the retirement benefits.
(2.) THOUGH the petitioner was superannuated on June 30, 1996, the pension payment order was issued only on August 6, 2001 granting him pension as from November 1, 1995, but showing deduction of Rs. 24,280 from the gratuity towards recovery of overpaid salary. It was not stated how the overpayment took place. It has been stated only in the AO to the WP. Mr. Maity appearing for the petitioner has argued that since the respondents took the petitioner's services, salary paid to him could not be recovered.
(3.) MR . Mukherjee appearing for the State has argued as follows. The petitioner was not entitled to serve during the period from November 1, 1995 to June 30, 1996. Hence salary and allowances paid for the period were rightly recovered. The pension payment order was issued in 2001 and the WP has been filed only in 2010. It is liable to be dismissed on the grounds of delay and laches.;