Calcutta High Court (Appellete Side)
Prasanta Dan vs State Of West Bengal & Ors on 5 January, 2022
20
05.01.2022
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 14144 of 2021
(Via Video Conference)
Prasanta Dan
-versus
State of West Bengal & Ors.
Mr. Md. Sarwar Jahan.
...For the Petitioner.
Mr. Ranjan Saha.
...For DPSC.
Mr. Pinaki Dhole,
Ms. Kakali Samajpati.
...For the State.
The petitioner is a retired primary school teacher.
His grievance is that after his retirement on 30th
November, 2020, his terminal dues have not been
cleared.
The respondent authorities have filed a report
wherefrom it appears that certain sum was paid to the
petitioner in excess of his entitlement on and from 1st
July, 2010.
Though there is no formal order of refund of the
overdrawal amount but it has been submitted that the
authorities have disclosed that until and unless the
overdrawn amount is refunded the terminal benefits of
the petitioner will not be processed.
As it appears that the payment which was
allegedly made in favour of the petitioner in excess of
his entitlement was enjoyed by the petitioner for nearly
ten years prior to his retirement, the concerned
authority ought not to demand for recovery of the same
in terms of the order passed by the Hon'ble Supreme
Court in the case of State of Punjab -vs- Rafiq Masih
reported in (2015) 4 SCC 334.
In the aforesaid judgment the Supreme Court
made it clear that recovery from the employees
belonging to Group-C when the excess payment has
been made for a period in excess of five years before the
order of recovery is issued is impermissible. The court
also held that recovery from retired employees is not
permissible.
In the instant case, the petitioner is a Group-C
employee and has already retired from service in the
year 2020. According at this stage there is no scope for
the respondent authorities to seek recovery of the
excess amount paid to the petitioner.
The respondent authorities shall be at liberty to
fix the pay of the petitioner strictly in accordance with
the scale of pay which the petitioner is entitled to
receive.
The respondent authorities are directed to
process the retirement dues of the petitioner strictly in
accordance with the proper scale of pay which the
petitioner is entitled to receive, at the earliest, but
positively within a period of twelve weeks from the date
of communication of a copy of this order.
Till the respondent authorities disburses the final
payment to the petitioner, the District Primary School
Council and the District Inspector of Schools (P.E.),
Paschim Medinipur shall take steps for releasing
provisional retirement dues in favour of the petitioner
at the earliest, but positively within a period of six
weeks from the date of communication of a copy of this
order.
W.P.A. 14144 of 2021 stands disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
