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2023 Supreme(Cal) 1396

SAUGATA BHATTACHARYYA
Ommey Kulsum Mullick – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ekramul Bari, Ms. Tanuja Basak, Syed Mansur Ali, Sk. Imtiaj Uddin.
For the State : Mr. Jaharlal Dev, Ms. Debarati Sen (Bose).

JUDGMENT :

Saugata Bhattacharyya, J.

1. The writ petition is presented by a retired assistant teacher after superannuation on 31st May, 2015, inter alia, challenging memo dated 1st August, 2014 issued by the District Inspector of Schools (S.E.), Howrah whereby the school authority was asked to downgrade the fixation of pay 8th of the petitioner with effect from March, 1994 and to calculate overdrawn amount paid to the petitioner.

2. On behalf of the petitioner Mr. Bari has drawn attention of this Court to the Pension Payment Order issued under memo dated 16th January, 2018 wherein it was indicated by the State respondents that Rs.1,26,513 was drawn in excess by the petitioner during the tenure as assistant teacher of a Government aided high school. The Pension Payment Order was issued during pendeny of the writ petition. Petitioner, as it has been contended, was paid provident fund dues contemporaneously after her retirement but petitioner did not receive other retiral dues pursuant to the Pension Payment Order since she did not accept the demand of the State respondents to refund the overdrawn amount which was calculated pursuant to the impugned memo dated 1st August, 2014 issued by

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