A party cannot challenge a concluded contract after a significant lapse of time.

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 of Schools attached to the office of the District Inspector of Schools (P.E.), North 24-Parganas has filed an affidavit before this Court. In the said affidavit it has been alleged that the writ petition has been filed on suppression of material facts.

It has been stated that the petitioner's husband Narayan Chandra Das was the head teacher of East Korakati Junior Basic School. He opted for the revised scale of pay introduced with effect from 1st January, 1986. Thereafter, in terms of the G.O. No. 196-Edn(B) dated 27th april, 1992 the petitioner changed his mind and exercised option to withdraw the earlier option filed by him and expressed his desire to revert to the pre-1986 scale of pay with a view to enjoy the benefit of the extension of service on a year to year basis, subject to the condition that he will refund to the Government the excess amount, if any, drawn by him consequent upon fixation of his pay in the revised scale with effect from 1st January, 1986.

The husband of the petitioner withdrew his option in the prescribed format and undertook to refund the excess amount drawn by him.

The husband of the petitioner completed his service tenure on attaining sixty years of age on 29th February, 1992. He applied for retention in service and the authority granted extension for the first term from 1st March, 1992 to 28th February, 1993. The second term extension was also granted in his favour from 1st March, 1993 to 28th February, 1994 on condition that he would receive salary during the extended period in the scale prevalent prior to issue of the G.O. No. 38-Edn(B) dated 7th March, 1990. Unfortunately, in the midst of the second term the teacher died on 26th December, 1993.

Under such circumstances, the petitioner, being the widow of the deceased teacher, submitted a declaration on 30th august, 1996 to refund the money received by her husband in excess and also opined to take pension and gratuity in the 1981 scale of pay upon refunding the amount which was overdrawn by her husband. Copy of the declaration filed by the petitioner in the office of the respondent authority has been annexed to the affidavit in opposition.

Relying upon the declaration given by the petitioner, the Chairman, District Primary School Council, North 24-Parganas directed the Sub-Inspector of Schools, Sandeshkhali Circle to calculate and submit the overdrawn statement of salary of the teacher which was required to be adjusted from his retirement benefit considering the retirement of the deceased teacher at the age of sixty years.

The petitioner, as per the overdrawn statement, refunded the excess amount drawn by her husband. Family pension of the petitioner was issued by the DPPG on 19th June, 2001 after adjustment of the excess amount from the retirement benefit of the deceased