- (1.) Two common questions of law relating to the actions of the respondent authorities (1) in recovery of overdrawal of pay from the terminal benefits of approved teaching and non-teaching staff of the Non-Government Aided Educational Institution and (2) fixation and/or re-fixation of their monthly pension on the ground of rectification of error relating to pay are taken up for adjudication after analogous hearing of these writ applications. The facts relating to recovery of alleged overdrawal from the terminal benefits of the petitioners and fixation and/or re-fixation of their monthly pension on the ground of rectification of error relating to pay are recorded in a nutshell as follows: The appointments of the petitioners in the posts of teaching and/or non-teaching staff, as the case may be, of Non-Government Aided Educational Institutions were duly approved by the respondent authorities concerned. Their respective pays were re-fixed / enhanced during the tenures of their services. After their retirements on attaining the age of retirement on superannuation pension payment orders were issued in their favour fixing monthly pensions and other terminal benefits after recovery of alleged overdrawal amount of money. In some of the aforesaid cases undertakings were obtained from the concerned teaching and/or nonteaching staff, as the case may be, expressing their "No objections" for recovery of the aforesaid amounts at the time of releasing the terminal benefits on the basis of the respective pension payment orders. It is noteworthy that opportunity of hearing was not given to any of the petitioners either during the tenure of service or after retirement for recovery of the alleged overdrawal from terminal benefits and/or for fixation/refixation of monthly pension.
(2.) It is submitted on behalf of the petitioners that their pays were refixed by the respondent authorities consequent upon introduction of Revision of Pay and Allowances Rules or for any other reason by the respondent authorities from time to time. Such revisions were duly approved by the competent authorities. According to them, no step was taken by the respondent authorities for recovery of alleged overdrawal from their pay and allowances and fixation of monthly pension thereof during their tenure of services. According to the petitioners, the above actions were not permissible in law.
(3.) It is also submitted on behalf of the petitioners that law did not permit the respondent authorities to obtain undertakings from the retired employees for recovery of alleged overdrawal at the time of releasing the terminal benefits on the basis of the pension payment orders. Relying upon the provisions of paragraphs 19 and 20 of the West Bengal Non-Government Aided Educational Institutions (Death-cum- Retirement Benefits) Scheme 1981, (hereinafter referred to as the said Scheme, 1981,) it is submitted on behalf of the petitioners that recovery of any amount from the gratuity money was not permissible.;