JYOTIRMAY BHATTACHARYA,J - (1.) THE petitioner who was an Assistant Teacher of Basudebpur Haripriya Institution (H.S.) in the district of Purba Medinipur retired from service on superannuation with effect from 30.09.2004. After retirement of the petitioner, Pension Payment Order was issued from the office of the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal on 21.03.2005. The retiral benefits of the petitioner as per the said Pension Payment Order were paid to the petitioner.
(2.) THE petitioner has filed this writ petition challenging the illegal action on the part of the concerned authority for deducting a sum of Rs.1,00,263/- on account of overdrawal in pay from the retiral benefits of the petitioner. 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 Vs. Union of India & Ors. reported in (1994) 2 S.C.C. 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. It is not a case where the State Government alleges that such refixation of salary of the petitioner at a higher slab was made due to fraudulent misrepresentation made by the petitioner. As such, this Court holds that the petitioner was not at fault in the process of refixation of his pay scale during the tenure of his service.
(3.) IT is submitted by the learned advocate appearing for the State-respondents that despite his best efforts, instruction could not be obtained by him from his client in this matter. Thus, this Court by relying on the aforesaid decision of the Hon'ble Supreme Court holds that if any amount is found to have been paid to the petitioner in excess of his entitlement during the tenure of his service due to wrong pay fixation by the concerned respondents, the said respondents are neither entitled to adjust such overdrawal amount against the retiral benefits of the petitioner nor the said overdrawal amount can be realised from the retiral benefits of the petitioner.;