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AMRITA SINHA
Niharkana Das – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
amrita Sinha, J. - The husband of the petitioner was a primary school teacher. He retired on attaining his normal age of superannuation on 28th February, 1992 and expired on 26th December, 1993. Pension Payment Order which was issued in his favour on 19th June, 2001 shows that an amount of Rs. 50,627/- was deducted from the retiral dues of her deceased husband on the ground of overdrawal payment. The petitioner is aggrieved by the same.
The petitioner alleges that prior to such deduction no opportunity was given to the petitioner to defend herself. The respondent authority suo motu took the decision to deduct the aforesaid amount. after the relationship between the employer and employee ceases the employer cannot recover any amount from the employees.
The petitioner relies upon the judgment delivered by the Hon'ble Supreme Court in the matter of State of Punjab & Ors. -vs- Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334 wherein the Court laid down instances when recovery from employees is impermissible.
The petitioner prays for refund of the amount which has been illegally deducted from the retiral dues of her husband, along with interest.
The assistant Inspector
A party cannot challenge a concluded contract after a significant lapse of time.
Recovery of excess amount paid to a retired employee just before their retirement may be impermissible, as established by the law laid down by the Supreme Court in Rafiq Masih (supra).
Recovery from retired employees and entitlement to interest on deducted amounts from retiral benefits.
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