Samapti Chatterjee, J.

The petitioner has filed the present writ petition assailing the decision of the Director of School Education, West Bengal passed on 14th/17th December, 2009 thereby holding that the petitioner is liable to refund Rs. 1,40,840/- as per the direction of Director of Pension and Provident Fund and Group Insurance under memo dated 16.05.2006, the pension payment order.

2. The petitioner's case in a nutshell is as follows :-

That the petitioner was appointed as an Assistant Teacher on 3rd May, 1967 at Jote Shibrampur, Shikshaniketan under District-South 24 Parganas (hereinafter referred to as the "said School"). After 39 years of service upon attending the age of superannuation the petitioner retired from his service on 1st June, 2006.

It is revealed that pay of the petitioner was time to time re-fixed by the respondent no.3 the District Inspector of School (S.E) South 24-Parganas. On 16th May, 2006 the Pension Payment Order was issued wherefrom it revealed that a sum of Rs. 1,40,840/- had been shown as overdrawn amount. Further the pension of the petitioner was sanctioned under a lesser pay scale that was allowed to the petitioner when he was in service.

It