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ANIRUDDHA ROY
Kalpita Moitra (Chakladar) – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
ANIRUDDHA ROY, J.
Facts:
1. The petitioner was a retired Head Mistress at Khadimpur Girls High School, District- Dakshin Dinajpur. The petitioner was appointed as Head Mistress on September 28, 2001. Prior thereto the petitioner was the Assistant Head Mistress of the said school and under a Government Memo No. 1245/GA dated September 08, 2000, the petitioner’s pay scale was re-fixed w.e.f. December 20, 1999 with an additional increment mentioned therein. From the post of Head Mistress the petitioner had retired on May 31, 2018.
2. During her service tenure the Jurisdictional District Inspector of School (SE), Dakshin Dinajpur (for short, the D.I.) issued a memo regarding re-fixation of scale of pay in which some mistake was there which was not explained to the petitioner. The petitioner claimed to have made her representation and the petitioner claimed that no step for correction of such mistake had taken place. However, no such representation or document was available on record in the instant writ petition.
3. Till the retirement no step was taken by the respondent authorities for recovery of any alleged overdrawn amount neither the mistake was explained to the petitioner, a
An employee is not entitled to equitable relief to prevent the recovery of an overdrawn amount if they were aware of the overdrawn amount for a substantial period prior to retirement and failed to re....
Recovery of overdrawn amounts from a retiree is impermissible post-cessation of the employer-employee relationship.
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.
Recovery of excess payments from employees is impermissible without evidence of misrepresentation or fraud, emphasizing equitable relief in pension matters.
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