JYOTIRMAY BHATTACHARYA,J. - (1.) The husband of the petitioner who was an Assistant Teacher of Khujuttipara R.G.J. High School in the district of Birbhum retired from service on superannuation with effect from 30.11.2001. After retirement of the petitioner's husband, Pension Payment Order was issued from the office of the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal on 12.06.2003. The entire retiral benefits as per the said Pension Payment Order were paid to the husband of the petitioner. The husband of the petitioner died subsequently on 01.11.2006.
(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. 1,1,310/- on account of overdrawal in pay from the retiral benefits of the husband 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.;