Debi Prosad Dey, J. - (1.) The petitioner was appointed as assistant teacher on 25th September, 1981 and the petitioner retired on superannuation from service on 30th April, 2009. The authorities admittedly granted increment as well as the benefit of further increment towards career advance scheme after completion of 10 and 20 years of service. The pension payment order(vide P4) was issued in favour of the petitioner on 4th January, 2010 and the petitioner for the first time came to know that Rs.36501/- has been deducted from his retiral benefits on account of over-drawl of pay. The petitioner submitted a representation paying for refund of the said amount but the authorities did not pay any heed to such representation. Despite filing application under Right to Information Act, the authorities simply replied that a sum of Rs.36501/- has been deducted from the retiral benefits of the petitioner on account of over-drawl of pay by the petitioner.
(2.) Being aggrieved thereby the petitioner has filed this writ application praying for issuance of a writ of mandamus commanding the respondents to refund the amount to the tune of Rs.36501/-, which has been deducted from the retiral benefits of the petitioner.
(3.) The state respondents have admitted in their affidavit in opposition that the said amount has been deducted from the retiral benefits of the petitioner on the ground of erroneous fixation of basic pay at Rs.1305/- instead of Rs.1275/-. It is the case of the state respondents that due to wrong fixation of basic pay with effect from 01.06.1992 till the date of retirement, the petitioner drew a sum of Rs.36501/- in excess. No reason has been assigned in the affidavit in opposition as to who is responsible for drawing such increment by the petitioner or that the such excess amount of increment was given to the petitioner because of any misrepresentation or fraud on the part of the petitioner.;