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RABINDRANATH SAMANTA
Rafik Sekh – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Rabindranath Samanta, J. - Challenge in this writ petition is against the Order of deduction of Rs. 1,73,718/- as over drawn from the retiral benefits of the petitioner.
2. The petitioner states that he was appointed as Librarian of Shibnath Shastri Pathagar, P.O.- Joynagar Majilpur, South 24-Parganas on 21st September, 1984. His appointment was approved by the District Social Education Officer, South 24-Parganas. He retired from service on superannuation on 30th June, 2020, but his retiral benefits were not released by the respondent authorities in time.
3. The respondent authorities issued Pension Payment Order on 5th August, 2021. By the Pension Payment Order the respondent authorities deducted a sum of Rs. 1,73,718/- from his retiral benefits on the ground that he had overdrawn this amount while he was in service. The petitioner submits that the respondent authorities cannot deduct such amount after his retirement.
4. The petitioner submits that he is entitled to get back the aforesaid deducted amount with 12% compound interest. On such grounds, the petitioner seeks direction upon the respondent authorities to release or refund the deducted amount with 12% compound interes
Recovery from retired employees and entitlement to interest on deducted amounts from retiral benefits.
Recovery from retiral benefits inappropriate under certain circumstances, protecting rights of employees.
The court established that recoveries from employees due to erroneous overpayments are impermissible under certain conditions, emphasizing the need for equitable treatment.
The court emphasized that recovery should not be made from retired employees or employees due to retire within 1 year of the order of recovery, as established by the law laid down by the Supreme Cour....
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