JUDGMENT :

(Rabindranath Samanta, J.) :

1. Challenge in this writ petition is against a Memo No. 07/DLO/N24 Pgs dated 05.01.2022 and another Memo No. 31/DLO/N24 Pgs dated 13.01.2022 issued by the District Library Officer, North 24 Parganas directing recovery of Rs. 4,22,980/-as overdrawn from the petitioner.

2. Background facts which led to the filling of the writ petition may be summarised as under:

The petitioner joined the library service as a librarian of Rural Library on 16.05.1985. He discharged his duties as Librarian in Rural Libraries namely Rabindra Smriti Samiti Pathagar, Bolpur Sadharon Pathagar (Town Library) and Nazrul Sukanta Pathagar, Birbhum. His employment was certified by the District Library Officer, Birbhum & Member Secretary of local library authority, Birbhum. He served the rural libraries up to 3rd August, 2000. After he succeeded in the recruitment process for direct appointment to the post of librarian of District Library, he was appointed as Librarian in the District Library, Murshidabad on 04.08.2000 in the scale of pay of Rs. 465010175. As per the appointment letter dated 27.04.2000 issued by the Secretary, local library authority, Murshidabad the service of the petitioner is guided by the Service Rules for Employee in the Government Sponsored / Public (other than Government) Libraries/ aided Libraries in West Bengal, 1985. Since the petitioner joined the post of Librarian of District Library through the recruitment process for direct recruitment, his appointment should be treated as fresh appointment and not as a promotional appointment. Because of his appointment as a Librarian of the District Library, the petitioner is entitled to get the benefits of protection and fixation of pay in terms of Memo No. 1269-Edn (MEE)/5P-6/97 dated 22nd August, 2000. After joining his new assignment the petitioner applied for protection and fixation of pay under the aforesaid Memo dated 22nd August, 2000. The prayer made by him was allowed and his pay was fixed at Rs. 4800 in the scale of pay of Rs. 4650-10175. The petitioner submits that in terms of the Memorandum dated 22nd August, 2000 and paragraph 7 of G.O No. 492(6)-Edn (B)/ F1-39/81 dated 26th October, 1981 his pay was to be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment at the stage at which such pay accrued. In terms of the appointment letter the service of the petitioner is not to be treated as Government employee.

In the year 2013 he was transferred to District of North 24 Parganas as a Librarian of Ramkrishna Mission Boys’ Home District Library, Rahara. Since then he has been discharging his duties as a Librarian of the District Library.

By a Memo dated 13.09.2000 the District Library Officer, North 24 Parganas asked the petitioner to attend a hearing in his office on erroneous fixation of his pay. He appeared before him and he submitted his explanation in writing. But, shockingly, the District Library Officer by issuing a Memo dated 5th January, 2022 observed therein that his basic pay was erroneously fixed at Rs. 4800 as on 4th August, 2000 instead of his basic pay of Rs. 4650 in the scale of pay of Rs. 4650-10175 and directed that an amount of Rs. 4,22,980/-overdrawn by him would be deducted. By this Memo the petitioner was asked to inform him the mode of recovery of such overdrawn salary. Aggrieved by this Memo dated 05.01.2022 the petitioner through an Email dated 7th January, 2022 requested the District Library Officer to inform him the Government order upon which his basic pay was recast. In response thereto the District Library Officer vide Memo dated 13.01.2022 informed him that his basic pay was recast in terms of WBSR, Part I, Rule 42(1)(I) and his basic pay was of Rs. 60900/-in December, 2021. The petitioner submits that his pay was rightly fixed at Rs. 4800/-in the aforesaid scale of pay by the District Library Officer in terms of the aforesaid Memorandum dated