KASHINATH BHATTACHARYYA Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-8-296
HIGH COURT OF CALCUTTA
Decided on August 02,2018

Kashinath Bhattacharyya Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

SHEKHAR B.SARAF,J. - (1.) Affidavit of service filed in Court is kept with the record.
(2.) In the present case the writ petitioner is aggrieved by the order of deduction of the overdrawn amount of a sum of Rs. 39,607/- after his retirement. The writ petitioner was an Assistant Teacher who retired from service on January 31, 2006 and the pension was paid by the authorities on August 25, 2006 after deducting the aforesaid amount as overdrawn amount.
(3.) The issue as to whether overdrawal in pay can be adjusted against the retiral dues of a retired employee is no longer res integra in view of the decision of the Hon'ble Supreme Court in Shyam Babu Verma and ors. v. Union of India and ors. reported in (1994) 2 SCC 521 and in the case of Syed Abdul Qadir and ors. v. State of Bihar and ors. reported in (2009) 3 SCC 475.;


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