- (1.) This writ petition has been filed by the State of West Bengal and the senior officers of the State Government challenging the judgment and order dated 22nd February, 2012 whereby the West Bengal Administrative Tribunal finally disposed of application filed by the respondent herein by directing the authorities concerned namely, the petitioners herein to make arrangement for refund of Rs. 41,244/- to the respondent herein since the said amount was recovered from the retiral benefit on the ground of excess payment.
(2.) Despite service of notice none appears on behalf of the respondent. The learned Tribunal following the decision of the Supreme Court in the case of Shyam Babu Verma & Ors. Vs. Union of India & Ors., 1994 2 SCC 521 held that the aforesaid amount of Rs. 41,244/- cannot be recovered from the retiral benefit of the employee concerned namely, the respondent herein and therefore, directed the petitioners herein to refund the said amount of Rs. 41,244/- to the employee concerned.
(3.) The learned Advocate General appearing on behalf of the petitioners submitted that the learned Tribunal committed an error by not considering Rule 140 of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 which, according to the learned Advocate General, specifically provides for recovery of government dues from retiring government servant. The learned Advocate General also relied upon the following decisions in support of his arguments :- 1. "Comptroller & Auditor General of India & Ors. Vs. Farid Sattar, 2000 4 SCC 13. 2. Union of India & Ors. Vs. Sujatha Vedachalam (Smt)& Anr., 2000 9 SCC 187. 3. Col. B.J. Akkara (Retd.) Vs. Government of India & Ors., 2006 11 SCC 709. 4. Videsh Sanchar Nigam Ltd. & Anr. Vs. Ajit Kumar Kar & Ors., 2008 11 SCC 591. 5. Union of India Vs. S. R. Dhingra & Ors., 2008 2 SCC 229. 6. Chandi Prasad Uniyal & Ors. Vs. State of Uttarakhand & Ors., 2012 8 SCC 417 7. State of Haryana & Ors. Vs. Vijay Singh & Ors., 2012 8 SCC 633. 8. The Calcutta Municipal Corporation & Ors. Vs. Rukhsana Anjum,2008 2 CalLJ 887. 9. Fibrosa Spolka Akcyjna Vs. Fairbairn Lawson Combe Barbour Ltd., 1942 2 AllER 122." ;