JYOTIRMAY BHATTACHARYA,J. - (1.) The petitioner, who was an approved Assistant Teacher of Sudarshannagore P.H.H. Vidyachakra High School, District of Dakshin Dinajpur, retired from service on superannuation with effect from 31st December, 2009. Though his pensionary papers were resubmitted by the school authority on 19th August, 2009, his retiral dues and the pensionary relief have not been paid to him till date. Under such circumstances, the petitioner has come before this Court with this writ petition seeking issuance of direction upon the concerned authority for immediate release of his retiral dues and/or pensionary reliefs.
(2.) On perusal of the writ petition this Court finds that the retiral dues of the petitioner could not be settled as the excess payment which was made to the petitioner due to his wrong pay fixation during the tenure of his service has not yet been recovered from him. In view of the decision of the Hon'ble Supreme Court in the case of Shyambabu Varma v. Union of India and Ors. reported in (1994) 2 SCC page 521, this Court is of the view that the recovery of any excess payment which was made to the Assistant Teacher due to his wrong pay fixation during the tenure of his service cannot be adjusted against his retiral dues unless it is found that such erroneous pay fixation was made by the concerned authority on fraudulent misrepresentation of the petitioner.
(3.) Under such circumstances, this Court feels that no useful purpose will be served by keeping the writ petition pending before this Court. Accordingly, this Court disposes of this writ petition by directing the concerned authority to settle the retiral dues of the petitioner so that the ultimate payment towards his retiral dues and the pensionary relief can be paid to him within twelve weeks from the date of communication of this order.;